Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

Woman Fired for Breastfeeding her child!!!

Posted by on Aug. 25, 2009 at 11:34 AM
  • 37 Replies

ired For Breastfeeding at Work

Friday, August 21, 2009
filed under: news

Dr.Wendy Walsh: Marina Chavez had been a cashier for three years at Acosta Tacos in Los Angeles when she learned she was pregnant. She continued to work during her pregnancy, but her baby was born premature -- so she was able to take disability leave and nurse her baby at home for four weeks. When she returned a month after the birth, she was told she had been replaced, which is against the law. Despite this incident, she was called into work for the next two shifts to cover for an absent employee. When her boss learned that during those two night shifts that her infant had been brought to the taco restaurant at the time of her breaks and she nursed her baby in the car, he fired her. She was told she couldn't work  as long as she was still breastfeeding her baby. But Marina needed the minimum wage job to support her family, and begged to get her job back. Instead, she was told her that with that "attitude" she could look for employment elsewhere, and he outright fired her on the spot.

In this recent landmark case, the court clearly stated that breastfeeding is intrinsic to the female sex (duh!) and thus, the judge determined that Marina suffered sex discrimination. After a two-day hearing, the California Fair Employment and Housing Commission found that Acosta Tacos' termination of Marina Chavez -- due to her insisting on her right to return to work and nurse her baby -- violated the Fair Employment and Housing Act's (FEHA) prohibition against sex discrimination.  

  
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. 

So in the end, this small chain of Mexican restaurants has to shell out $46,645.00. Wouldn't it have been cheaper to just let the women nurse her tiny bundle on her legal breaks? Note to Acosta Tacos: We'll be looking for those pregnancy and breastfeeding policies --- printed in English and Spanish -- right beside the sign that reminds employees to wash their hands. Way to go, State of California!


I just want to say it's about damn time! I can't believe he fired her, she was on BREAK and in her car and I'm pretty sure the law in CA protects mothers who NIP. This boss was on a power trip and a douche! I am so glad she wont the case!!!!

 Baby Birthday Ticker Ticker

 Baby Birthday Ticker Ticker

Nursing at keyboard.. Please excuse my typos Pictures, Images and Photos



by on Aug. 25, 2009 at 11:34 AM
Add your quick reply below:
You must be a member to reply to this post.
Replies (1-10):
WildKat
by on Aug. 25, 2009 at 11:37 AM

That is good news.  I'm glad Marina knew her rights and stood up to them. So few mamas do.

Peace,

Kat

celticreverie
by on Aug. 25, 2009 at 11:50 AM

I know. I am so glad she stood up to them too!

Quoting WildKat:

That is good news.  I'm glad Marina knew her rights and stood up to them. So few mamas do.

Peace,

Kat


 Baby Birthday Ticker Ticker

 Baby Birthday Ticker Ticker

Nursing at keyboard.. Please excuse my typos Pictures, Images and Photos



NewMom2RAD
by on Aug. 25, 2009 at 11:55 AM

This is too great! I bet she is now able to stay HOME and nurse her baby for a while!!:)

Tajcc
by on Aug. 25, 2009 at 11:55 AM

When you have children you have to make arraignments for them while you work. Daycare, pumping whatever... I think this is crap. Yes women have their right to breast feed but when they are working they need to be working and not taking care of their child. Someone else should be caring for their child.  

Isn't a greta we live in America where people can sue for everything?

celticreverie
by on Aug. 25, 2009 at 11:57 AM

I think it's FANTASTIC!! She did have other care for her child but on her BREAKS, her LEGAL BREAKS, her child was brought to her to NURSE... Women do this EVERYDAY because they don't respond to pumps. She nursed in her CAR, not around other people/customers adn on her break. The place DESERVED to be sued :)

And I am glad we live in America where someone can sue over this, especially since CA protects public breastfeeding!!!!

Quoting Tajcc:

When you have children you have to make arraignments for them while you work. Daycare, pumping whatever... I think this is crap. Yes women have their right to breast feed but when they are working they need to be working and not taking care of their child. Someone else should be caring for their child.  

Isn't a greta we live in America where people can sue for everything?


 Baby Birthday Ticker Ticker

 Baby Birthday Ticker Ticker

Nursing at keyboard.. Please excuse my typos Pictures, Images and Photos



amyasmommy2005
by on Aug. 25, 2009 at 11:59 AM


Quoting Tajcc:

When you have children you have to make arraignments for them while you work. Daycare, pumping whatever... I think this is crap. Yes women have their right to breast feed but when they are working they need to be working and not taking care of their child. Someone else should be caring for their child.  

Isn't a greta we live in America where people can sue for everything?

she was on her break. she can do anything she wants on her break.

siggyo




Mom2Jake08
by Gold Member on Aug. 25, 2009 at 12:02 PM

I think it's great that she won, but I seriously doubt her boss told her she couldn't work if she was breastfeeding lol.

Amybelle
by on Aug. 25, 2009 at 12:03 PM


Quoting celticreverie:

I think it's FANTASTIC!! She did have other care for her child but on her BREAKS, her LEGAL BREAKS, her child was brought to her to NURSE... Women do this EVERYDAY because they don't respond to pumps. She nursed in her CAR, not around other people/customers adn on her break. The place DESERVED to be sued :)

And I am glad we live in America where someone can sue over this, especially since CA protects public breastfeeding!!!!

Quoting Tajcc:

When you have children you have to make arraignments for them while you work. Daycare, pumping whatever... I think this is crap. Yes women have their right to breast feed but when they are working they need to be working and not taking care of their child. Someone else should be caring for their child.  

Isn't a greta we live in America where people can sue for everything?


I agree, & if you read it correctly someone BROUGHT her baby to her on her breaks, it's not like she had him/her stashed under the counter in the meanwhile. lol

misssy2000
by Ruby Member on Aug. 25, 2009 at 12:04 PM

um it was her break? Some people smoke, some people talk on the phone and some people breastfeed.

Quoting Tajcc:

When you have children you have to make arraignments for them while you work. Daycare, pumping whatever... I think this is crap. Yes women have their right to breast feed but when they are working they need to be working and not taking care of their child. Someone else should be caring for their child.  

Isn't a greta we live in America where people can sue for everything?


celticreverie
by on Aug. 25, 2009 at 12:04 PM

I think it's assumed he meant "at the workplace" lol you know?! That's how I took it as!

Quoting Mom2Jake08:

I think it's great that she won, but I seriously doubt her boss told her she couldn't work if she was breastfeeding lol.


 Baby Birthday Ticker Ticker

 Baby Birthday Ticker Ticker

Nursing at keyboard.. Please excuse my typos Pictures, Images and Photos



Add your quick reply below:
You must be a member to reply to this post.
Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)