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Mom Fired For Breastfeeding
We middle- and upper-class parents can moan (rightfully) about the pathetic state of this country’s maternity leave policies, but I suspect nothing will change until the low-wage worker is brought into the mix. After all, those with greater means can pretty much make things work out. We have more choices, though it doesn’t always feel that way.
Workers who don’t earn much, however, suffer the brunt of our pathetic Family and Medical Leave Act (guarantees time off; does not guarantee pay). When you earn at or near minimum wage, is there really much of a choice than to pass the placenta and get back on the job?
This goes for breastfeeding, too. Women who don’t live near poverty can take time off, find a private room to pump, demand a private room to pump. Or get someone to bring the baby to the office to nurse.
Bringing baby to the workplace was the strategy of Maria Chavez, a cashier a Los Angeles taqueria, who wound up getting fired for nursing. On her break. In her car.
Oh, but there’s justice at the end of this story.
Maria had given birth prematurely and took a month of disability from her work at Acosta Tacos. When she returned, she was told she had been replaced and would not get her job back, which is also totally illegal but we’ll stay focused on the nursing at work. A few nights after being told she was let go, her boss needed her to fill in on two night shifts and she did.
But when owner Jesus Acosta found out that she had been nursing her baby on her breaks in her car, he fired her.
The California Department of Fair Employment and Housing investigated and found that Acosta Tacos had violated the Fair Employment and Housing Act’s (FEHA) prohibition against sex discrimination. The store was fined and Chavez was awarded $41k in damages.
Of course, $41k isn’t much, but it covered $20k in lost wages and $20k in emotional damages. Acosta Tacos was also ordered to pay $5k in court costs.
The landmark ruling concluded that breastfeeding is intrinsic to the female sex and, therefore, the owner’s actions constituted sex discrimination. Cool!
Since Hanna Rosin’s well-argued but ultimately frustrating piece in April’s Atlantic monthly, the breastfeeding discussion has centered on the question of whether breast really is breast. No it doesn’t save money (if it means leaving a well-paying job). No it doesn’t boost IQ scores (for those already educationally advantaged). No it doesn’t make your kids healthier (especially if your family is well fed and has access to decent food and doctors.) Rosin and others circled the wagons around women who felt pressured to do it, guilty if they couldn’t, defensive if they wouldn’t.
Fair enough. But women like me and the aforementioned pressured women — educated, financially comfortable, secure in society — in our efforts to make sure life’s working out just fine for us, tend to support women like us and kind of leave women like Chavez to just deal. Chavez should be lauded for what she did — calling attention to what happened to her and challenging her employer.
I’ve always wondered what the right-to-breastfeed statutes would look like for women like Chavez or factory workers or Starbucks baristas. Chavez shows it doesn’t have to be as complicated as a breast pump next to the espresso machine. Let’s hope Chavez’s case is a part of the circling of wagons around the lower-wage workers who want to nurse their babies and continue paying the rent. I’m sure there’s room in the circle for wagon’s like Rosin’s — and, thanks to Chavez, a refinement of the law — too.
UPDATE: Not in Ohio! Check out this mom who got fired for pumping on her breaks.
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Another Mom Fired, This Time for Pumping | Strollerderby commented on Sep 02 09 at 9:45 amUncle Roger commented on Aug 26 09 at 12:56 pmThat’s an interesting legal ruling but what intrigues me most is the owner’s thought process. I could totally understand if she was in her car having a drink or getting high. I could understand if she was getting it on with a customer. But breastfeeding? What kind of neanderthal is he? Would he fire someone for listening to music he didn’t like? For wearing white after labor day?
Given the opportunity and the ability, I do believe breastfeeding is the best choice. If you can’t do it, due to physical, emotional, or logistical reasons, that’s okay. But if you want to and are able, then we as a society, as partners and family, and, yes, as employers have a responsibility to do our best to help facilitate that. I don’t expect someone to close their restaurant every couple of hours but I do expect you not to get upset when someone does breastfeed, on their own time, in their own car.
And what ever happened to the laws that say a woman has the right to breastfeed/pump at work? Do they only apply to exempt employees? They certainly ought to apply to everyone, especially those in lower-paid, hourly positions; they need the most protection. Again, I’m not asking for the moon, but some reasonable accommodation isn’t too much to ask.
Rachael commented on Aug 26 09 at 1:53 pmI’m actually more curious about where the baby was in between breaks. I personally think there are worse things than leaving a sleeping baby in a car as long as the car is secure and comfortable, but aren’t there laws against that? Or did she have the baby in the restaurant with her at other times? Did someone bring the baby to her?
I’m also curious about what age a child must be before it is socially-acceptable (and legal) to leave a kid home alone for short stretches of time. I realize it will depend on who is around to do the judging on the “socially acceptable” bit. It seems most of the parents I know won’t let their under-12 kids alone, even for an hour, but what about all those younger latchkey kids who do just fine?
PlumbLucky commented on Aug 26 09 at 2:00 pmThe best part of the ruling is missing – “Finding the employer liable for sex discrimination, retaliation, and failure to prevent discrimination, the Commission ordered Jesus Acosta, owner of Acosta Tacos, to pay Marina Chavez $21,645.00 in lost wages plus $20,000.00 to compensate for her emotional suffering. The Commission also ordered Acosta to pay the state’s General Fund a $5,000.00 administrative fine, develop a written policy (printed in English and Spanish) prohibiting sex and pregnancy discrimination in the workplace; train all employees and supervisors on the policy, and post a notice stating that the Commission determined the company violated the FEHA and ordered it to pay damages.” (Pulled from momlogic.com)
PlumbLucky commented on Aug 26 09 at 2:01 pmRachael – other articles I have seen on this indicate that someone brought her (premature) baby to her on her breaks, not that she left the child in the car or in the breakroom.
Mistress_Scorpio commented on Aug 26 09 at 2:52 pmPhenomenal post!!! One of my biggest beefs in the whole breastfeeding conversation is the entire focus is on the middle and upper class mother. This is an excellent story I will be sure to pass on!
Madeline commented on Aug 26 09 at 5:15 pmRachael — PlumbLucky is correct — someone brought the baby. I wouldn’t be in support of leaving the kid in the car, certainly not in L.A., but also not anywhere. The point was, she worked out a situation where she could nurse on her breaks — and not even demand of her employer that she get a nursing room; nor did she inconvenience customers by taking up valuable restroom space — and STILL! she was hassled.
Thanks for the comments, everyone!
cheri commented on Aug 26 09 at 10:02 pmOh for god’s sake, you can smoke on your break, but not breastfeed? What a moron. $46K is not a large enough penalty. Moron.
Rosana commented on Aug 27 09 at 3:14 pmIt does not matter if the issue affects a middle class mother or a minimum salary worker. Breastfeeding is a personal decision and if mother will blame the ignorance of employers and others on breastfeeding, that means the mom needs to think about it and decide what works for her because obviously is breastfeeding to meet somebody else’s expectations.
paulster73 commented on Sep 02 09 at 3:40 pmComments this woman showed class and dignity by going to her car and keeping it private her employer was wrong to fire her. That being said this goes to all other women who have no class and sit in a public park or crowded restuarant and whip out their tit to feed their child that shows me they have NO class or dignity so I purposly stare and make comments to help them understand I do not care to see that in public. If that is OK why can’t women take their tops off when it gets hot like guy’s do OOOOOHHHHHH now it is a different story get real I applaud that woman for having class and dignity…
Madeline Holler commented on Sep 02 09 at 3:47 pmPaulster 73, staring and commenting? You’ve sure schooled us public breastfeeders in staying classy!
Dr. Jean Logan commented on Sep 07 09 at 11:31 amComments Madeline is completely wrong saying breast feeding is not any better for the baby’s health. Both emotionally and physically, breast feeding and breast milk beats cows milk in a bottle every time. Cows milk can trigger allergies and problems like asthma later on. I applaud woman who make the effort to breast feed in spite of their return to employment.
Chris commented on Oct 03 09 at 12:32 pmpaulster73 said “I purposly stare and make comments to help them understand I do not care to see that (breastfeeding) in public.” what kind of jackass do you have to be to A. think you’re HELPING” by staring and making rude comments about public breastfeeding and B. this is YOUR PROBLEM not the breastfeeding mother comforting and loving her child in a situation that would otherwise end up disturbing the entire establishment with screaming and crying. Get off your pedestal and fight for something that matters. Now THAT would have some class!
Eripa commented on Oct 03 09 at 12:56 pmI was essentially fired too. I went on maternity leave last November 1st had trained someone to take my place in my absence and had a verbal agreement to return to work “with baby” so I could nurse all day (often 10 hour work days). As my time to return to work neared I was told that the position was not going to work due to the fast pace of the job, but they had something else I could do at another location at the same rate of pay. The hours were significantly lighter but I had a private office for the pack-n-play, a comfy boppy and an ergonomically correct office chair that I purchased in place and did my work. I even took work home to work extra at night while the baby slept to keep everything up to date. My supervisor didn’t like that I was doing work from home so he brought in a data entry girl for the evenings to help with anything I was taking home (oh yeah I trained her too). 3 months later after letting the data entry girl take some time off my supervisor told the boss I wasn’t getting all of my work done and without consulting or questioning me I was replaced by her. They labeled it as Laid off due to Lack of Work but I was told to my face that I was being replaced. Believe it or not my boss was even my brother in law (no love left there!)! I was able to collect unemployment but I still haven’t found anything in the way of a job in this economy. I have 10 years experience in Web and Graphic Design but need clients to work from home. Anyone interested in passing on a lead or directing their friends to me visit http://www.eripa.com
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