Pregnant, Breastfeeding AC Transit Employees in Oakland File Class Action Discrimination Lawsuit

April 16, 2019

Four women have joined the class action lawsuit alleging discrimination against pregnant and breastfeeding AC Transit employees.

The transportation agency allegedly discriminates and fails to accommodate pregnant women who work for them.

On of the women says she was offered a room where she was told she pump breast milk when she returned to work after her first pregnancy in 2016 – it was an old closet she describes as dirty and that had no privacy.

The woman left her job as a bus driver and now gets paid less as an AC Transit clerk, all so that she can pump.

Another woman says the company makes it difficult for expecting mothers. She joined the suit after she fell asleep at the wheel and crashed her bus while pregnant. She says she asked for lighter desk work prior to the accident but was not accommodated.

So far, four women in total allege that AC Transit refused to accommodate their pregnancy or lactation needs and that they are in violation of their legal rights.

AC Transit released a statement saying that they work with new mothers and value the importance of women in the workforce, and that “it is important to note, modifications of duties can present logistical challenges given the nature of public transit. However, ac transit adopts an individual process that takes into account accommodation options for each new mom and her newborn throughout the first year of life.”

Juggling a family and work is no easy feat, especially for new moms. Seeking a balance between earning money and parental responsibilities can be quite difficult. There are laws in place that protect pregnant and nursing mothers in the workplace. Workplace discrimination based on pregnancy and nursing is illegal, and our Florida Discrimination Attorneys at Whittel & Melton can make sure that you know what your rights are and that they remain protected.

When your employer prevents you from pumping breast milk during work hours, it may violate Title VII of the Civil Rights Act of 1964 and the Fair Labor Standards Act. Under FLSA, employers must provide breastfeeding mothers reasonable break time and a private space (other than a bathroom) to pump at work for one year following their child’s birth.

Your employer must be held accountable for denying your right to pump breast milk. We are fully aware of the different laws that bind employers to assist and protect lactating women in the workplace. If your employer does not allow you the proper break time and appropriate space to pump, you may have a claim against your employer under the Fair Labor Standards Act (FLSA). Let us help you build a strong case that can result in the outcome you want. For a free consultation, call us today at 866-608-5529 or contact us online.