Posted on 09/19/2007 3:31:31 PM PDT by SkyPilot
BOSTON (AP) — A judge rejected a Harvard student’s request Wednesday for extra break time during her nine-hour medical licensing exam so she could pump breast milk for her infant daughter.
Sophie Currier, 33, sued after the National Board of Medical Examiners turned down her request to take more than the standard 45 minutes in breaks during the exam.
She said that if she does not nurse her 4-month-old daughter, Lea, or pump breast milk every two to three hours, she risks medical complications.
Norfolk Superior Court Judge Patrick Brady said Currier has other options, beyond asking the board to change its rules for her.
“The plaintiff may take the test and pass, notwithstanding what she considers to be unfavorable conditions. The plaintiff may delay the test, which is offered numerous times during the year, until she has finished her breast-feeding and the need to express milk,” he said.
Currier, of Brookline, has finished a joint M.D.-Ph.D. program at Harvard University while having two babies in two years. She has been offered a residency in clinical pathology at Massachusetts General Hospital in November, but cannot accept it unless she passes the test. Her goal is a career in medical research.
Currier has taken the test once already, in April when she was 81/2 months pregnant, but she failed by a few points.
“The judge’s conclusion that there is no harm to a woman to putting her career off for a year is the basis of discrimination,” Currier said. “Men do not have to put off their careers because they are feeding a child.”
Her lawyer, Christine Smith Collins, said she would ask the state Appeals Court to hear the case and issue a ruling before Currier takes the test again next week.
Currier has already received special accommodations under the Americans with Disabilities Act for dyslexia and attention deficit hyperactivity disorder, including being granted permission to take the test over two days instead of one.
In the lawsuit, she was seeking an additional 60-minute break on each day. The board cited the need to be consistent in the amount of time given to doctoral candidates and said other nursing mothers who have taken the exam have found the 45 minutes of permitted break time sufficient.
The judge said the board offered Currier several special accommodations, including a separate testing room where she could express milk during the test or during break time, and the option to leave the test center to breast-feed during break times.
Federal anti-discrimination laws do not protect nursing mothers. The Breastfeeding Promotion Act that is pending in Congress would protect women from being fired or punished for pumping milk or nursing.
“Where she’s disabled, we’ve addressed that under federal law, but this is something that is not a disability,” said the board’s attorney, Joseph Savage. “This means it will be somewhat more difficult for her to take the test, but there are a lot of people who face challenges in taking the test — childcare obligations, medical conditions that make it harder — and we just can’t change the test for everybody who faces a challenge.”
Amen!
Anyone who hires this lawsuit-happy, “you-will-acomodate-me” dingbat deserves what they get. I predict we haven’t heard the last from this one.
This prick should be dragged from the bench and tarred and feathered. Families from the entire Boston area should storm the courthouse this very day.
I missed that part too. Prob should have read the article better.
Mrs Wbill needed to pump about every 2-3 hours, if I remember right. And it took about 15 minutes. If she didn't pump "on time", I remember that she was pretty uncomfortable.
However - If this fool is spreading the test out over two days, and it's a nine hour test, I'd imagine that translates to 4-5 hours a day. There's *got* to be a 15-minute break, somewhere in there. So she has plenty of time to take care of what needs to be taken care of. Other than the obvious mental disorders, and a narcissistic sense of personal irresponsibility, what's her problem?
I agree with you. My sympathies are revoked. :-)
Right up there with “Mute Defense Attorney.”
Or like the public defender in “My Cousin Vinny”.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.