Med Student Wins Appeal for Time During Exam for Breastfeeding

By Anastacia Mott Austin

Sophie Currier, 33, a medical student at Harvard, won her appeals case against the National Board of Medical Examiners to allow her 60 extra minutes during her medical exams to express breastmilk.

She had requested the extra time, and when denied, decided to take the matter to court. The original judge ruled against her, claiming that the standard allotment of 45 minutes over the 9-hour test was sufficient to be able to express milk. The NBME claimed it had offered to accommodate Currier by allowing her to use her breast pump during the exam.

Judge Patrick Brady wrote in the judgment, "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."

But Currier claimed that was discriminatory, saying that a man who had recently become a father would not have to delay his test. In addition, Currier had been offered a residency at a local hospital which would begin in November, so she could not delay the exam.

Said Currier to the press after the original verdict, "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."

Appeals court judge Gary Katzmann agreed with Currier, saying that she should be granted the extra time to remain on "equal footing" with the other students taking the exam. On his 26-page ruling, Judge Katzmann wrote that by not allowing Currier the extra time, she must "use her break time to incompletely express breast milk and ignore her bodily functions, or abdicate her decision to express breast milk, resulting in significant pain. Under either avenue [she] is placed at significant disadvantage in comparison to her peers."

A representative from the National Board of Medical Examiners, Joseph Savage said he was planning to appeal the decision, adding that the ruling puts the Board in the position of having to accommodate other students’ various medical ailments, including men with prostate problems.

But lactation activists claimed the decision as a victory, and say that not expressing milk in a timely fashion can cause pain, swelling, and potential breast infections. The activists also point out the irony that a medical association which recently renewed its advocacy for nursing mothers would prevent a nursing mother from taking the exam.

As for Currier, she will now focus on studying for the demanding test. "I now feel that I am able to take this test without putting my health or my child's health at risk," Currier told reporters. "I hope this decision encourages moms to breast feed and employers of moms to accommodate their needs."