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Follow up: breastfeeding med student denied extra time for exam
Filed under: Just For Moms, Your Pregnancy, Work Life, Health & Safety: Babies, Nutrition: Health
Last week, I posted a story about Sophie Currier, a medical student who was requesting longer breaks during an exam so that she could pump breast milk for her 4-month-old daughter. The National Board of Medical Examiners initially refused her request, saying that all students must receive equal treatment when taking the exams and pointing out that other breastfeeding mothers have found the 45 minutes of break time to be enough.
Currier took her case to federal court and yesterday a decision was made to not allow her the extra time. In the ruling, Norfolk Superior Court Judge Patrick Brady said the 33-year-old mother of two has other options available to her and therefore the rules will not be bent for her benefit.
"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.
Needless to say, Currier is unhappy with the decision, saying, "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. Men do not have to put off their careers because they are feeding a child."
Currier had already asked for and received special accommodations under the Americans with Disabilities Act for her dyslexia and attention deficit hyperactivity disorder, allowing her to take the one-day test over two days. In addition, the board had offered her the option of taking the test in a separate room where she could pump breast milk during the exam breaks. She also had the option to leave the test center to breast-feed during break times.
"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."
Currier's lawyer, Christine Smith Collins, now plans to ask the state Appeals Court to hear the case. Do you think the judge's decision is fair. Are they forcing Currier to put off her career?
Currier took her case to federal court and yesterday a decision was made to not allow her the extra time. In the ruling, Norfolk Superior Court Judge Patrick Brady said the 33-year-old mother of two has other options available to her and therefore the rules will not be bent for her benefit.
"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.
Needless to say, Currier is unhappy with the decision, saying, "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. Men do not have to put off their careers because they are feeding a child."
Currier had already asked for and received special accommodations under the Americans with Disabilities Act for her dyslexia and attention deficit hyperactivity disorder, allowing her to take the one-day test over two days. In addition, the board had offered her the option of taking the test in a separate room where she could pump breast milk during the exam breaks. She also had the option to leave the test center to breast-feed during break times.
"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."
Currier's lawyer, Christine Smith Collins, now plans to ask the state Appeals Court to hear the case. Do you think the judge's decision is fair. Are they forcing Currier to put off her career?
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ReaderComments (Page 1 of 1)
9-20-2007 @ 2:11PM
Tracey said...I tend to concur with the judge's decision. The woman has been granted special accomodations with regards to her disabilites and rightly so. However, breastfeeding is a normal and natural activity not a disability. Furthermore, it has been noted that other candidtes have found enough time to pump milk on breaks and lunch periods.
If she is not willing to wait and write the exam after she has finished breastfeeding, she should accept the terms of the exam for all other people who write. When I chose to have children I completely understood that I as a women who has the PRIVLEDGE to have had two beautiful children would have to make some sacrifices in my life. Simply put you CAN'T always have it all.
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9-20-2007 @ 2:15PM
Cynthia said...Hmmm. In most job situations, I'm all for employees being given allowances for pumping, but this is a horse of a different colour.
I understand the board's reasoning, and further, they offered to let her pump during the test in a private room in addition to the 45 minute break.
I exclusively pumped for 5 months. It was hard - I had production issues and needed to pump every 2 hours for 45 minutes at a time just to keep up. That said, even with my issues, missing one pumping on two days, or pumping hands free during the test is definitely do-able.
I don't see this as a matter of promoting breastfeeding / breastmilk or anything to do with being a parent in general. They offered her other concessions and she's not satisfied. Sometimes that's just the way it goes.
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9-20-2007 @ 2:56PM
Amanda said...I'm saying this as a breastfeeding mother who works full time...why the hell can't she do it in 45 minutes???? geeze! you might not be able to get the amount of milk you want but you would at least be able to relieve any engorgement and keep the supply going. sounds like she's being unreasonable!
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9-20-2007 @ 3:01PM
C/W said...Sorry, but I think she is taking advantage of the system. She was given numerous options and chose none. She needs to get over it.
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9-20-2007 @ 3:21PM
Anita O\\\'Brien said...I also agree that she should be able to pump in 45 minutes, and eat lunch (while pumping) and go to the bathroom if she needs too. I took an all day PALS class when my exclusively breastfed son was 4 months and was thrilled that I was given a private room to pump in. It would not have occured to me to ask for more time.
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9-20-2007 @ 4:11PM
Jenn said...It sounds like the board has already offered her a number of accomodations, and she has refused them. In this case, it is not a matter of being discriminated against -- she is expected to do the SAME as the other students.
And 45 minutes? I pumped at work for my daughter in 15 minute breaks without a problem, 45 minutes should be more than enough.
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9-20-2007 @ 4:15PM
Joy said...I agree with all above posts.
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9-20-2007 @ 4:30PM
nicolebarber said...Maybe she's hoping to sue with money possible won it would help pay some student loans as well as pay some daycare bills.
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9-20-2007 @ 7:06PM
S. Kelly said...I agree with all of the above posts, too...
Hmmm... I seem to recall being in the MILITARY and only being allowed a 15 minute break in which I went into the ladies' bathroom -- in a STALL no less -- and had to sit on a toilet while I tried to pump as inconspicuously as possible (which is NOT VERY). Oh, and there were only TWO stalls in the restroom, so I held up everyone else and EVERYONE knew what I was doing!!!
If she can't pump in 45 minutes, she needs medical attention. (snickering at my own joke)
Sorry. That was admittedly bad.
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9-21-2007 @ 1:45PM
Dee said...I think many of you are missing the point, which is that the judge thinks maybe she should postpone her life. We wouldn't ask men to put their lives on hold if they were the ones breastfeeding. And just because you may consider it a privelage, I don't think it's a "privelage" to make sacrifices in your life, especially since we never ask men to do the same. They aren't expected to put their careers on hold for children. If it was a single father, we'd all hope that he has people helping him care for his kids so he can be a great doctor to provide for his kids. Suddenly it's a woman in those shoes, and you think the opposite? If it was a single mother, you'd yell at her for not putting her kids first. Tracey you sound like like someone who hates to see women who actually CAN have both careers and kids. If you chose to sacrifice you're career, you are no better than this woman. And you also have no idea what it's like to retain medical information. It's important to take the test while everything is fresh in your mind. If you take a break from the medical profession, you risk becoming rusty on remembering the information. There is so much you need to know for this exam that not all of it will be needed during your medical career. No doctor knows EVERY detail in medicine. That's why they chose a specialty. Even general practiioners need to refer you to other doctors when you have something they aren't knowledgable about. Do you know a doctor that knows everything and never had to refer you to someone else? Besides, she wants to do medical RESEARCH where she will be in a lab most of the time. That's why she's also getting a PhD, in addition to the MD. I'd like to see any of you who complain about her get two extremely difficult degress, while having 2 learning disabilites, while having 2 kids. Having it all indeed.
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9-21-2007 @ 2:29PM
D said...And you those of you who apparently know nothing about medical school, you work in a hospital during your final year. So she's already been there, done that, and since she passed that, she clearly can handle her "disabilities" AND breastfeeding while on the job.
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9-21-2007 @ 4:00PM
W said...Maybe it takes her longer to breast feed because with her attendtion deficit problem she forgets what she is doing and pops the kid off constantly...
from the picture here, it seems like the baby could use something else to eat, maybe some cereal... appears a little "Failure to Thrive" to me.. look at the circles under its eyes....
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9-22-2007 @ 3:53PM
amym said..."We wouldn't ask men to put their lives on hold if they were the ones breastfeeding." So men don't breastfeed. So what? Neither do many women, including ones with one children.
This is an issue about choice. Having a child is a choice and does not exempt you from following the rules.
The student chose to have children while she was in medical school. No one held a gun to her head. She either was familiar with the rules of her studies, including her exams, or she ought to have been.
It was this woman's responsibility to herself, her children, her instructors, and fellow students to plan her life better. Either that or accept that just because you want to do something entirely according to your terms doesn't always mean that you can and should.
It seems that reasonable accommodation was made for her breastfeeding but that she wanted more. I think she was unreasonable. If a father of a young child was bottle feeding an infant and wanted more than 45 minutes, he too would -- and should -- be refused.
By the way, I am a mother and breastfeed most of my children. I did not expect special treatment because of my reproductive choice.
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9-27-2007 @ 10:04AM
r. said...If she becomes a doc is she gonna have to stop during a 4 hour surgery and pump!!! She will sue if she cant.
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9-27-2007 @ 10:07AM
r said...Thank you girls for letting me know not the whole world feels sorry for this woman.
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9-27-2007 @ 1:49PM
Alice said...Currier took her case to federal court and yesterday ...
No - she took it to a state court in MA, not federal court.
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11-08-2007 @ 3:53PM
Tracey said...Dee.. I am very happy and supportive of women who can "have it all" but that isn't always possible. Life is about choices. I made a series of choices around having my children that I am happily living with. These choices may be different than yours or the women featured in the story.
As for men never being asked to make sacrifes, this is partially becaesu we as women don't always demand it. With my first born, I took 6 months of parental leave and my husband took 6 months. So, contrary to your rantings, men often do put thier careers on hold to help raise their children. It is all about choices.
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11-28-2007 @ 12:55PM
M said...im confused about something. if it is a 9 hour test and she has been given 2 days to take it instead of one then wouldnt that give her just 4 and a half hours a day for the test? She says she has to pump every 2 hours. So after the first 2 hours and 15 minutes teh first day she takes 23 minutes of her alloted time to pump. The second day she takes another 22 minutes to pump after 4 and a half hours. If I'm reading this right then she wont actually be taking the test for 9 straight hours...
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