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Breastfeeding Mom Sues for More Test-Taking Time: Final Ruling

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JessieQ
Rest in Peace baby Rogan

Member since 6/07

1122 total posts

Name:
Jessica

Breastfeeding Mom Sues for More Test-Taking Time: Final Ruling

http://news.yahoo.com/s/ap/20070926/ap_on_re_us/breast_feeding_dispute

A Harvard student must be allowed extra break time during her nine-hour medical licensing exam so she can pump breast milk to feed her 4-month-old daughter, a Massachusetts appeals court judge ruled Wednesday.

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.

Currier said she risks medical complications if she does not nurse her daughter, Lea, or pump breast milk every two to three hours.

A Superior Court judge last week rejected Currier's request to order the board to give her an additional 60 minutes of break time. Appeals Court Judge Gary Katzmann overturned that ruling, finding that Currier needs the extra break time to put her on "equal footing" with the men and non-lactating women who take the exam.

The board had cited a need to be consistent in the amount of break time given and said other nursing mothers who have taken the exam found 45 minutes sufficient.

But Katzmann said that amount of break time was "insufficient" for Currier to nurse her baby, properly express breast milk, eat, drink and use the restroom over the course of the nine-hour exam.

Without extra break time, Currier would have to choose between pumping breast milk and ignoring her bodily functions or foregoing pumping and causing herself significant pain, the judge said.

"Under either avenue, (Currier) is placed at significant disadvantage in comparison to her peers," Katzmann wrote in his 26-page ruling.

Calls to Currier, her lawyer and an attorney for the board were not immediately returned.

Currier already had received special accommodations under the Americans with Disabilities Act for dyslexia and attention deficit hyperactivity disorder, including permission to take the test over two days instead of one.

Currier has finished a joint M.D.-Ph.D. program at Harvard University while having two babies in the past two years. She has been offered a residency in clinical pathology at Massachusetts General Hospital beginning in November but cannot accept it unless she passes the test. Her goal is a career in medical research.

She took the exam in April when she was 8 1/2 months pregnant, but failed by a few points. She had planned to take the test again earlier this week, but put it off after Norfolk Superior Court Judge Patrick Brady ruled against her last week.

Posted 9/26/07 2:17 PM
 
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LuvMy2Girls
@>---------

Member since 5/05

11165 total posts

Name:
Mommy

Re: Breastfeeding Mom Sues for More Test-Taking Time: Final Ruling

Well from previous post on this, i'm not going to go on about this like last time, but this is still UNFAIR...how much more should this woman get, she's already gets to take it over 2 days instead of 1...next she'll sue cause of the distress through this whole ordeal caused her to FAIL for the 2nd time or depleted her milk supply..
Chat Icon Chat Icon

Posted 9/26/07 2:33 PM
 

JessieQ
Rest in Peace baby Rogan

Member since 6/07

1122 total posts

Name:
Jessica

Re: Breastfeeding Mom Sues for More Test-Taking Time: Final Ruling

Posted by sweetness

Well from previous post on this, i'm not going to go on about this like last time, but this is still UNFAIR...how much more should this woman get, she's already gets to take it over 2 days instead of 1...next she'll sue cause of the distress through this whole ordeal caused her to FAIL for the 2nd time or depleted her milk supply..
Chat Icon Chat Icon




I don't really have the energy or the time either, I just wanted to update anyone who had read the original story. Although I still have this feeling that she has been given so much with no sacrifice herself (especially when I head they did offer her a private room to pump during the test), I will just say good for her that she got what she wanted, good luck and I hope she passes- and I'm curious to see if this will mean a change for all breastfeeding mothers who take the exam.

Posted 9/26/07 2:44 PM
 

smdl
I love Gary too..on a plate!

Member since 5/06

32461 total posts

Name:
me

Re: Breastfeeding Mom Sues for More Test-Taking Time: Final Ruling

I actually think it's a MAJOR milestone in support of women breastfeeding.

Breastfeeding is not a "break" like the other candidates would have. She still would have had to eat and use the bathroom like the other candidates. It would have actually be "less" of a break compares to other candidates since she would have had to use her break to nurse. Just like the judge rulled in her favor.

In regards to the other accomodations, she was legally granted the accomodations due to her disabilities. They don't overturn each other. They are just different.

ETA: I probably would not have gone as far as she did. But women's "rights" were not granted just out of the blue either.

Message edited 9/26/2007 2:52:01 PM.

Posted 9/26/07 2:45 PM
 

LuvMy2Girls
@>---------

Member since 5/05

11165 total posts

Name:
Mommy

Re: Breastfeeding Mom Sues for More Test-Taking Time: Final Ruling

Posted by JessieQ

Posted by sweetness

Well from previous post on this, i'm not going to go on about this like last time, but this is still UNFAIR...how much more should this woman get, she's already gets to take it over 2 days instead of 1...next she'll sue cause of the distress through this whole ordeal caused her to FAIL for the 2nd time or depleted her milk supply..
Chat Icon Chat Icon




I don't really have the energy or the time either, I just wanted to update anyone who had read the original story. Although I still have this feeling that she has been given so much with no sacrifice herself (especially when I head they did offer her a private room to pump during the test), I will just say good for her that she got what she wanted, good luck and I hope she passes- and I'm curious to see if this will mean a change for all breastfeeding mothers who take the exam.



I hope i didn't come off snottyChat Icon i remember u were in that other thread as much as myself last timeChat Icon

i agree though good for her and i am curious too if it does do something for other bf'ing moms and i hope it just wasn't just for her.

Posted 9/26/07 2:48 PM
 

nrthshgrl
It goes fast. Pay attention.

Member since 7/05

57538 total posts

Name:

Re: Breastfeeding Mom Sues for More Test-Taking Time: Final Ruling

A victory for breastfeeding women!Chat Icon Chat Icon

However, it does give me pause now that I've read that she's gotten an additional 24 hours of time for ADHD. She sounds very litigious to me.

So applause to the cause, and a Chat Icon to the motives of person responsible.

Posted 9/26/07 3:14 PM
 

JessieQ
Rest in Peace baby Rogan

Member since 6/07

1122 total posts

Name:
Jessica

Re: Breastfeeding Mom Sues for More Test-Taking Time: Final Ruling

Posted by sweetness

Posted by JessieQ

Posted by sweetness

Well from previous post on this, i'm not going to go on about this like last time, but this is still UNFAIR...how much more should this woman get, she's already gets to take it over 2 days instead of 1...next she'll sue cause of the distress through this whole ordeal caused her to FAIL for the 2nd time or depleted her milk supply..
Chat Icon Chat Icon




I don't really have the energy or the time either, I just wanted to update anyone who had read the original story. Although I still have this feeling that she has been given so much with no sacrifice herself (especially when I head they did offer her a private room to pump during the test), I will just say good for her that she got what she wanted, good luck and I hope she passes- and I'm curious to see if this will mean a change for all breastfeeding mothers who take the exam.



I hope i didn't come off snottyChat Icon i remember u were in that other thread as much as myself last timeChat Icon

i agree though good for her and i am curious too if it does do something for other bf'ing moms and i hope it just wasn't just for her.



Oh sorry no I didn't feel like you were being snotty or attacking at all, acutally your post just reminded me that posting the article might start another debate, and I had no time right then to join in. I remember you posting on that other thread, and I remember everyone was really civil in that thread even though it's a contentious issue, I didn't want to ruin that. Chat Icon

And I agree, I am really hoping that she did this not merely for her own self-gain, but also to shed light on the difficulties of women trying to have a career and be mothers at the same time.

Posted 9/26/07 3:53 PM
 

JessieQ
Rest in Peace baby Rogan

Member since 6/07

1122 total posts

Name:
Jessica

Re: Breastfeeding Mom Sues for More Test-Taking Time: Final Ruling

Posted by nrthshgrl

A victory for breastfeeding women!Chat Icon Chat Icon

However, it does give me pause now that I've read that she's gotten an additional 24 hours of time for ADHD. She sounds very litigious to me.

So applause to the cause, and a Chat Icon to the motives of person responsible.



I agree, I know it should be considered separately, but it was hard for me to support her asking for so much extra time when she already had an extra day.

In her defense though, it was not only for ADHD but if I remember correctly also for dyslexia.

Posted 9/26/07 3:55 PM
 

BabyAvocado
Happy New Year

Member since 5/05

17334 total posts

Name:

Re: Breastfeeding Mom Sues for More Test-Taking Time: Final Ruling

Posted by nrthshgrl

A victory for breastfeeding women!Chat Icon Chat Icon

However, it does give me pause now that I've read that she's gotten an additional 24 hours of time for ADHD. She sounds very litigious to me.

So applause to the cause, and a Chat Icon to the motives of person responsible.



ITA.

Posted 9/26/07 4:06 PM
 

Disneygirl
Disney cruise bound!

Member since 5/05

8126 total posts

Name:
D

Re: Breastfeeding Mom Sues for More Test-Taking Time: Final Ruling

Posted by nrthshgrl

A victory for breastfeeding women!Chat Icon Chat Icon

However, it does give me pause now that I've read that she's gotten an additional 24 hours of time for ADHD. She sounds very litigious to me.

So applause to the cause, and a Chat Icon to the motives of person responsible.



I agree, happy about the cause but feel like this woman in particular is all about getting society to adjust to her needs rather than trying to compromise.

Posted 9/26/07 5:13 PM
 

MrsS2005
Mom of 3

Member since 11/05

13118 total posts

Name:
B

Re: Breastfeeding Mom Sues for More Test-Taking Time: Final Ruling

Posted by nrthshgrl

A victory for breastfeeding women!Chat Icon Chat Icon

However, it does give me pause now that I've read that she's gotten an additional 24 hours of time for ADHD. She sounds very litigious to me.

So applause to the cause, and a Chat Icon to the motives of person responsible.


I see how it looks suspicious, but I view it as two different accommodations for two different reasons/conditions. I don't see a problem with it as long as it's legitimate and not some way for her to get an advantage over others.

Posted 9/26/07 5:53 PM
 
 

Potentially Related Topics:

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Breastfeeding Mom Sues for More Test-Taking Time Bxgell2 9/13/07 63 Parenting
why am i having such a hard time Bklyngrl 9/26/07 20 Pregnancy
Felt Like A Horrible Mom Last Night Laura1 9/26/07 10 Parenting
 
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