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Breastfeeding Moms Breastfeeding Moms

Taking action against a discriminating business

Posted by on Mar. 1, 2013 at 9:37 AM
  • 10 Replies

Hello fellow breastfeeding moms,

I have decided to take action against a discriminating business that I once worked at for a few days.What happened was I was pumping milk on my break and I was covered up and a manager (a female...shocking) said I cannot pump in the dining room because it's supposed to be "family friendly". Shame on them! I say. Anyway, I want to take action but the problem is that I don't know how many employees work there. I have read in the breastfeeding law in the state of NY that if the business has less than 50 employees, nothing can be done.

Is there any way I can investigate the business without contacting the owner? I would like to present my case to the Dept of Health and/or other legal representative. I have a copy of the NYS Law and highlighted areas that apply to me and made notes.


Also, I would like to start a petition and send it to NYS Senator about closing the loophole in NYS. I think ALL businesses, big and small, should comply with the breastfeeding law in NY. I'd like some ideas of what to call this proposition.

Thanks for reading!

by on Mar. 1, 2013 at 9:37 AM
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Replies (1-10):
muisjes
by on Mar. 1, 2013 at 9:42 AM

I don't know how it is over in the US, but maybe you can check via the V.A.T. number?

parentalrights1
by on Mar. 1, 2013 at 10:38 AM
Are you comfortable sharing the name of the business? Or is it just a local thing that noone else would know to say how many employees there are?
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gdiamante
by Group Mod - Gina on Mar. 1, 2013 at 3:21 PM

This is a labor board issue, not a dept of health issue. They can provide everything you need. How many locations for this restaurant? If it's one of a chain and there are more than 2-3 restaurants in the chain, they're toast already because it's pretty ccertain they will have more than 50 on the company payroll.

If it's ONE restaurant, it's unlikely the loophole CAN be closed because of burdens to small businesses.

PolishMamma2
by Marta on Mar. 1, 2013 at 11:26 PM

 Talk to a lawyer im sure they can figure stuff like that out for you...  Good Luck.

.sp4rkl3z.
by on Mar. 1, 2013 at 11:38 PM
Good luck!
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catholicmamamia
by on Mar. 1, 2013 at 11:43 PM
1 mom liked this

Quoting PolishMamma2: Talk to a lawyer im sure they can figure stuff like that out for you...  Good Luck.

 


                
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aehanrahan
by Group Mod - Amy on Mar. 2, 2013 at 12:27 AM
If you were on break and pumping, this is a nursing/pumping in public issue. I know that in New York, you can nurse anywhere in public that you're allowed to be. I don't know if the same is true for pumping.
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PadysMomy
by on Mar. 2, 2013 at 12:53 PM

It's a local bagel shop that's small.

SRUsarahSC
by Member on Mar. 2, 2013 at 12:53 PM

if the business does not have more than 50 employees, they are not legally required to provide you with a place to pump. 

gdiamante
by Group Mod - Gina on Mar. 2, 2013 at 1:50 PM

Then the only option you have is to complain about not being allowed to pump in public, though I don't know if pumping is given the same kind of consideration as nursing in public. If you'd had your baby with you and they told you you could not nurse, then you'd have a complaint and could hire a lawyer and sue their lox off. But since it was pumping and a small business, they could probably claim they could not make a reasonable accomodation.

Quoting PadysMomy:

It's a local bagel shop that's small.


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