Law360, New York ( July 26, 2012, 2:17 PM EDT) -- In February 2012, when a Texas federal district court judge held in U.S. Equal Employment Opportunity Commission v. Houston Funding II Ltd. that "[f]iring someone because of lactation or breast-pumping is not sex discrimination," his conclusion touched a nerve. The EEOC has appealed this decision to the U.S. Court of Appeals for the Fifth Circuit, arguing that discrimination based on lactation — a sex-specific trait that is "singularly female" — is sex discrimination....
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