IF YOUR NORCAL EMPLOYER HAS REFUSED TO ALLOW YOU TO RETURN TO WORK WHILE YOU ARE LACTATING OR REFUSED TO ALLOW YOU TO BREASTFEED DURING YOUR BREAKS, YOU MAY BE A VICTIM OF SEX DISCRIMINATION.
Sex or gender discrimination is illegal under both California’s Fair Employment and Housing ACT (FEHA) and federal Title VII law. FEHA applies to employers with 5 or more employees. The federal Title VII law applies to employers with 15 or more employees. Under both of these laws, a boss is prohibited from discriminating against a person based on their sex in relation to the “terms and conditions” of employment. “Terms and conditions” include things such as salary, schedules, vacation time, position, titles, etc.
Recently, the Fair Employment and Housing Commission adopted the decision in DFEH v. Acosta Tacos as a precedent. This means that the court’s decision in this case, will affect other similar cases. In the Acosta Tacos case, the complainant was a female worker who was fired from her job when she protested her boss’ refusal to allow her to breastfeed during her break times. Her boss also refused to allow her to work while she was still lactating. The Commission found that the employer was guilty of discrimination based on sex because breastfeeding is something intrinsic to the female sex.
If your Bay Area employer has refused to allow you to return to work because you are lactating, or if your boss has refused to allow you to breastfeed on your breaks, you may be able to sue. Contact the experienced employment attorneys at Greenberg & Rudman LLP. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to help you.
