Approximately 20 states provide women an exemption from jury duty while breastfeeding. Indiana, however, is not one of them and this is a problem for State Rep. Ann Vermilion (R-Marion). She recently saw a story about an Indiana mom who received a jury summons. The woman in question informed the court that this would be a hardship because she was breastfeeding. The court clerk who answered the phone said she still had to come to court and plead her hardship. After doing her own legal research, the mother informed the judge that she would answer the summons with child in tow and the court had to provide her reasonable accommodations. The judge then subsequently excused her over the phone.
Rep. Vermilion plans to introduce legislation in Indiana that will make these mothers exempt from jury duty which raises any interesting legal and public policy question. Who should be exempted from jury duty and should society ever allow any exemption that targets individuals based on a physical characteristic trait? Isn't the better solution to ensure that they have the proper accommodations while breastfeeding rather than a blanket exemption. Would you want these women exempted from your client's trial?
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