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Woman's Claim Of Firing Over Breastfeeding Remains Dismissed

Supreme Court of New Hampshire
Dan Tuohy / NHPR

The New Hampshire Supreme Court is split 2-2 over a woman's nearly nine-year battle to challenge her firing from the state Department of Health and Human Services over breastfeeding.

Friday's split means a lower court's decision to dismiss her case stands.

Kate Frederick argued that she was wrongfully discharged from her job in 2012.

She worked as a child support officer in the department's office in Conway and was fired that September over, she said, whether, when and where she could breastfeed her newborn son.

The department said Frederick was terminated after she failed to return to work after exhausting her leave under the Family and Medical Leave Act.

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