Court rules in favor of Wal-Mart in BF discrimination suit

1750 Views 42 Replies 25 Participants Last post by Feathere, Jul 3, 2004

CryPixie83

Discussion Starter · Jul 1, 2004

http://pacer.ca6.uscourts.gov/cgi-bi...ON=04a0203p.06

Has anyone seen this?

1 - 20 of 43 Posts

bec

· #2 · Jul 1, 2004

It seems like they ruled against them because the plaintiffs were suing against the wrong law. Is that right? I don't think they were being discriminated against because they were women, but because of their feeding choices.

Either way, the courts sent a very bad message about breastfeeding rights.

Bec

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ILuvMyBaby

· #3 · Jul 1, 2004

That is really, really sad

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Wildcrafter

· #4 · Jul 1, 2004

It also seemed to me that it was the sex discrinimation law that wasn't applicable. They needed to sue for another reason. What law exactly are they breaking, I wonder.

I think it's time to head to Walmart to nurse my toddler! Wouldn't I be PISSED if someone told me I had to leave!!! I just can't believe it happens!!!!

Lula's Mom

· #5 · Jul 1, 2004

Read this one, too: http://abcnews.go.com/sections/livin...ywoman_54.html

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CryPixie83

Discussion Starter · #6 · Jul 1, 2004

Quote:

Originally Posted by bec
It seems like they ruled against them because the plaintiffs were suing against the wrong law.

That was my thought. They were suing for sex and age discrimination(???) and I don't see how either applies. But their parental rights were clearly violated.

Janice in Canada

· #7 · Jul 1, 2004

Actually, in Canada, breastfeeding is protected under our provincial Human Rights Legislation. It is protected for under, sex, family and age basis.

Since this legislation is provincial, it varies from province to province (same as in the United States). The strongest and clearest I've seen is British Columbia's.

It reads in part:

BRITISH COLUMBIA HUMAN RIGHTS COMMISSION
POLICY AND PROCEDURE MANUAL

TITLE:Sex discrimination - breastfeeding and expressing milk

(1) Discrimination because a woman is breastfeeding or expressing breast milk is sex discrimination.

It then goes on to details breastfeeding/expressing at work and accomodations that must be made, and breastfeeding/expressing in pulbic.

I can post the whole thing if anyone is interested.

Janice

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charmander

· #8 · Jul 1, 2004

I wonder what kind of lawyer they had handle their case? Sex discrimination. I don't get it.

I must add that I despise Wal-Mart and wouldn't set foot in one of their stores. They pay their employees non-living wages, have terrible medical/health benefits, and won't allow employees to unionize. I don't care how low their prices are - I won't ever be shopping there.

jadegirl553

· #9 · Jul 1, 2004

From the abcnews site:

"Anti-breastfeeding sentiment runs deep among the general public too. Comments from readers in the Dayton Daily News were largely against a pro-breastfeeding bill being debated in the Ohio legislature.
"I and my 25 other women friends think that would be terrible," wrote one woman. "A naked breast is a naked breast, whether feeding a baby or not. Too many women do that just to be exhibitionists. No. Nursing in public should not be allowed."
"Women who choose to breastfeed should be treated as people who choose to smoke and put in a designated area," wrote another.
"It is a natural function, but I don't go to the bathroom in public," opined yet another.'"

I'm not sure why I feel so shocked at this, but it did sting a bit!

:

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2

Kleine Hexe

· #10 · Jul 1, 2004

Quote:

Originally Posted by jadegirl553
From the abcnews site:

"Anti-breastfeeding sentiment runs deep among the general public too. Comments from readers in the Dayton Daily News were largely against a pro-breastfeeding bill being debated in the Ohio legislature.
"I and my 25 other women friends think that would be terrible," wrote one woman. "A naked breast is a naked breast, whether feeding a baby or not. Too many women do that just to be exhibitionists. No. Nursing in public should not be allowed."
"Women who choose to breastfeed should be treated as people who choose to smoke and put in a designated area," wrote another.
"It is a natural function, but I don't go to the bathroom in public," opined yet another.'"

I'm not sure why I feel so shocked at this, but it did sting a
bit!

:

Holy

!!!!!!!!!!! Those women have somer serious issues.

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3

bec

· #11 · Jul 2, 2004

I read that too and was shocked. I'm just amazed how much people care how I feed my baby. Maybe I should go to Walmart and pump!

:

Bec

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margaritamama

· #12 · Jul 2, 2004

This makes me so angry! All of it!

Yet another reason to hate Walmart!

And our federal government too!

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3

jadegirl553

· #13 · Jul 2, 2004

Quote:

Originally Posted by bec
Maybe I should go to Walmart and pump!

:

:LOL go for it!

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2

Camellia

· #14 · Jul 2, 2004

Quote:

Originally Posted by jadegirl553
From the abcnews site:

"Anti-breastfeeding sentiment runs deep among the general public too. Comments from readers in the Dayton Daily News were largely against a pro-breastfeeding bill being debated in the Ohio legislature.
"I and my 25 other women friends think that would be terrible," wrote one woman. "A naked breast is a naked breast, whether feeding a baby or not. Too many women do that just to be exhibitionists. No. Nursing in public should not be allowed."
"Women who choose to breastfeed should be treated as people who choose to smoke and put in a designated area," wrote another.
"It is a natural function, but I don't go to the bathroom in public," opined yet another.'"

I'm not sure why I feel so shocked at this, but it did sting a bit!

:

:

uke

I could not believe I was actually reading those words. How terribly scary that people actually feel that way.

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4

CryPixie83

Discussion Starter · #15 · Jul 2, 2004

Quote:

Originally Posted by Lindsaylou

:

uke

I could not believe I was actually reading those words. How terribly scary that people actually feel that way.

What's really sad is the issues these people have with a normally functioning human body.... our society is so F'd up.

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2

guerrillamama

· #16 · Jul 2, 2004

yes, sex discrimination was unfortunately the wrong way to go; you could drive a truck thru that one. but i can't think of any other law to sue under. i think this is one of those things where a legal strategy just doesn't work. a legislative strategy (to pass legislation guaranteeing the right to NIP - and a private right of action to sue) would be swell. a corporate campaign against walmart would also be in order. wish i had time to organize a nationwide nurse-in!!

bionicsquirrel

· #17 · Jul 2, 2004

So not only does Walmart sell junk that is made by people working in terrible conditions and getting paid pathetic wages, but now they have shown that they have no respect for their largest demographic of shoppers...Mothers.

Why does anyone support this company? They are terrible.

Benandjacksma

· #18 · Jul 2, 2004

FEED OUR CHILDREN WHEN THEY ARE HUNGRY!

Half of me never wants to go in another Walmart again (not like I shop there anyway) the other half of me wants to set up camp in the middle of the aisle!!!!!!!!!!!!!!!!!!!!!!!

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6

TiredX2

· #19 · Jul 2, 2004

Quote:

Last month, a pro-breastfeeding bill in Colorado died after majority Republican lawmakers voted against it.

Yeah, that's supporting families

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Janice in Canada

· #20 · Jul 2, 2004

I don't understand why filing based on discrimination on the basis of sex, was obviously wrong.

The way I understand it, discrimination against breastfeeding is entirely sexual discrimination. Only woman can become pregnant, and only women breastfeed. So it is competely sexual discrimination.

Janice

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