E.E.O.C. v. HOUSTON FUNDING II, LTD.

No. 12-20220.

717 F.3d 425 (2013)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant v. HOUSTON FUNDING II, LIMITED; Houston Funding Corporation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 30, 2013.


Attorney(s) appearing for the Case

Susan L.P. Starr, Esq. , U.S. Equal Employment Opportunity Commission, Office of General Counsel/Appellate Services, Washington, DC, Claudia Molina-Antanaitis, Equal Employment Opportunity Commission, Houston, TX, Plaintiff-Appellant.

Mark Joseph Oberti , Oberti Sullivan, L.L.P., Houston, TX, for Defendants-Appellees.

Donald P. Wilcox, Esq. , General Counsel, Texas Medical Association, Austin, TX, for Texas Pediatric Society, Amicus Curiae.

Before JOLLY, JONES, and GRAVES, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

The question we must answer in this appeal is whether discharging a female employee because she is lactating or expressing breast milk constitutes sex discrimination in violation of Title VII. We hold that it does.

The Equal Employment Opportunity Commission ("EEOC"), on behalf of Donnicia Venters ("Venters"), sued Houston Funding II, Ltd. and Houston Funding Corp. ("Houston Funding"), alleging Houston Funding unlawfully discharged...

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