No woman should have to choose between breastfeeding and her profession.
The Iowa Bar Exam is a critical two-day test that allows lawyers to practice in Iowa. But its previous policies on accommodating breastfeeding test-takers who wanted to nurse or pump was inadequate—as are the test-taking policies for many other professions in many other states.
Now, after working with the ACLU of Iowa, ACLU, and Law Students for Reproductive Justice, the Iowa Board of Law Examiners has revised its policies and practices to greatly improve the ability of young mothers to take the exam fairly, without undue discomfort or problems. The ACLU commends the Iowa Board of Law Examiners for its leadership in providing a fair and equal testing environment for test-takers who are breastfeeding.
Iowa’s rules did allow breastfeeding women to apply for an accommodation of a health-related condition for the exam. They also allowed breastfeeding women to bring a breast pump and accompanying equipment and required that a private location be provided.
However, the provided breaks were too short for some mothers to nurse or pump. Now the law examiners board permits the provision on additional off-the-clock time if existing exam breaks are not frequent or long enough for an individual’s circumstances.
Also, importantly, the information is clearly stated on the Board’s website so test-takers who need accommodations know they are available and how to request them.
Another problem was that there might not be an appropriate place at the exam facility to nurse or pump. Now test-takers are assured of access to a private, sanitary sit where they also have access to electrical outlets to operate some types of pumps.
“These improvements are so important to level the playing field for women who are taking the bar exam during a stage in their family lives in which they are nursing young children,” said Katie Ervin Carlson, attorney at the Babich Goldman law firm who has helped lead the effort in Iowa along with the ACLU and LSRJ. “Without accommodations, women are left with two options for this two-day marathon exam: Suffer through pain and distraction, perhaps risking their health, or put off the exam altogether. The changes made here in Iowa send a clear message of inclusion and recognize that women should not have to choose between motherhood and a career in law.”
Previously, Iowa earned a mere “C” for its bar-exam breastfeeding polices by the national ACLU and Law Students for Reproductive Justice (LSRJ). Now, because o the improvements, the ACLU and LSRJ will be updating Iowa’s grade to an “A-.”
The ACLU expects to update Iowa’s score to a full “A” grade once the Board adopts the anticipated changes of easy-to-use-forms for test-takers and making those available on their website.
Read more about this issue at ACLU's national blog.
See a map of breastfeeding policies during the bar by state.
