Currier v. National Board of Medical Examiners
462 Mass. 1
Mass.2012Background
- Currier, a medical student and breastfeeding mother, sues the NBME for declaratory relief seeking accommodations to express breast milk during Step 2 of the medical licensing exam.
- NBME administers Step 2; the exam is held at Prometric centers and allows break time for personal needs, with standard provisions including about 45 minutes of break time.
- Currier requested additional break time and a private room with a power outlet; NBME initially denied extra break time, later offered a private room and limited pumping windows.
- NBME’s ADA accommodations policy covers only ADA-defined disabilities; Currier’s lactation request was argued to fall outside ADA coverage.
- The trial judge granted summary judgment to NBME on some claims and denied it on others; appellate review was granted direct by Currier.
- The court ultimately held that NBME’s denial did not violate the civil rights act but did raise genuine disputes under the equal rights act and public accommodations law, remanding for further proceedings and declaratory relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether NBME’s denial of extra break time constitutes coercion under the Civil Rights Act | Currier argues NBME’s action coerced her to forgo lactation rights. | NBME contends no coercion occurred; rights otherwise could be exercised with available alternatives. | Summary judgment for NBME on civil rights act coercion claim. |
| Whether NBME's break-time policy unlawfully discriminates under the Equal Rights Act | Lactating mothers are treated differently, implying sex-based discrimination. | Policy is gender-neutral on its face; no purposeful discrimination shown. | Issue of material fact remains; grant of summary judgment reversed for this claim. |
| Whether NBME’s actions violated Massachusetts public accommodations statute by discriminating against Currier on the basis of sex | Lactation-related needs fall within equal accommodations guaranteed by the statute. | NBME contends no discriminatory action under statute. | Currier entitled to summary judgment on public accommodations claim; NBME’s counterclaim reversed. |
| Whether Currier’s constitutional/privacy claims are moot or need not be decided given statutory grounds | Rights to privacy and related constitutional protections are implicated by failure to accommodate lactation. | Statutory grounds render constitutional ruling unnecessary. | Constitutional ruling not reached; statutory grounds control. |
Key Cases Cited
- Commonwealth v. Vega, 449 Mass. 227 (Mass. 2007) (declines constitutional rulings when statutory grounds suffice)
- Commonwealth v. Paasche, 391 Mass. 18 (Mass. 1984) (consideration of constitutional questions when not necessary)
- Buster v. George W. Moore, Inc., 438 Mass. 635 (Mass. 2003) (coercion scope beyond physical force; economic coercion may be actionable)
- Planned Parenthood League of Mass., Inc. v. Blake, 417 Mass. 467 (Mass. 1994) (definition of coercion; expansive view of rights needed for contraceptive access case)
- Redgrave v. Boston Symphony Orch., 399 Mass. 93 (Mass. 1987) (direct violation of rights alone not coercion; need for action beyond mere rights deprivation)