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PiscesFired For Breastfeeding at Work
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 the car, he fired her. She was told she couldn't work if 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!
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Dr. Wendy Walsh holds a Ph.D. in Clinical Psychology and her area of interest is Attachment Theory, a psychological, evolutionary and ethological theory that provides a descriptive and explanatory framework for understanding interpersonal relationships between human beings. As a psychological assistant registered with the California Board of Psychology, Dr. Walsh has treated individuals, couples and families for a variety of mental health concerns including personality disorders, anger management, eating and substance disorders, and depression. |
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Damn straight. Poor woman. I’m so proud of her though.
If she was feeding in the restaurant in front of patrons…I would understand…but she wasn’t even in the building so she shouldn’t have been fired. And she shouldn’t have been replaced. But I suspect that anyone else who comes after her will suffer for her lawsuit. (I’m not saying she shouldn’t have sued as I believe she was right doing so).
Huh? How is it understandable if it was in the restaurant full of patrons? Assuming it was on her break, that should have been just fine, too. Any woman can come in and breastfeed her baby in the restaurant full of patrons as she sees fit, as per California law. An employee on a legal break has just as much right to do so.
Probably just another miserable boss looking to make someone else’s life miserable. He got what he deserved.
I’m glad she pursued this lawsuit and won. Some people let their bosses rule their lives and treat them however they want to. I hope this boss has learned his lession and I’m glad for everything he has to do now because of it.
Where was this infant when she wasn’t feeding him/her? In the car, which is clearly a violation of law, or in the restaurant which is a liability for the owner?
Kadie, if you would have paid attention to the article, you would have noticed it said the baby had been brought to the restaurant.
Awesome! Its about time the employer is held accountable for his actions. So many times they get away with harassment,more so now that there are less jobs available and employees have to tolerate it. Its great to see a Mom putting every effort to make sure her child gets breastfed. I did it for 13 months and my daughter very seldom gets sick. She is 9 now, finding places to breastfeed was a chore,restrooms are not clean environments. Best of luck to the Chavez family & Thank You for putting your child first.
That should be illegal! She’s caring for her child.
And why is it we are encouraging these teen girls it’s ok to have babies before they are even out of high school?
The school I work at has a “Nursing/lactation” station in the Nurse’s office. It’s not even a private room, it’s a drape that separates them from any boys.
So nice to see justice served!! : )
Shame on the manager for first replacing her on maternity leave, then being so ignorant over feeding a child the NATURAL way. I am shocked that he had a fit that she was so considerate to nurse her baby in the car! If the manager wasn’t also the owner, I hope the owner reprimanded Marina’s boss. Nature made breasts for children FIRST. The sexual effect it has on men is secondary and society needs to GET OVER their hang-ups concerning breastfeeding before we produce yet another generation that thinks anything to do with breasts is dirty. Even my doctor is embarrassed by it. Seriously people?
Proudly Momma Who Breastfed Three Healthy Boys!
While I’m all for breastfeeding,I think we need to look at the bigger picture. This case has clearly shown the woman was discriminated against but what would happen if the owner closed? No one really wins in cases like this.
If she breastfed the baby in private while on her break, then who was watching the baby when she wasn’t on her break? No, she should find other work. To be honest with you, I find it disgusting and nauseating to see another woman breastfeeding her baby in public especially in a restaurant. It’s like blowing mucus out of your nose or coughing-up mucus—-it’s disgusting and should be done in private.
What on earth does this have to do with MUCUS??? And where the baby was when she was not on break is completely immaterial to this case. When reading the article, you must be able to infer a few things: for example, that another party is bringing the child in for the feedings (and therefore, likely seeing to its’ care when the mom is working).
Sounds as if you should stay home if you are unable to be tolerant of a person discreetly feeding her child ~ or God forbid you might have to witness someone blow his or her nose !!!
Get a life!
Excuse me, but even if she was nursing in the restaurant she should not have been fired. Wherever a woman is legally allowed to be she is legally allowed to breastfeed. Breasts are first and foremost for nourishing a baby and second for recreational enjoyment. Let’s not get it reversed and only see breasts as sexual, folks. Good for her for standing up for her rights. She’s made it just a little bit easier for all the women coming after her in this world that will face similar issues. How do you think that Wash Your Hands sign got there? A chain reaction and lesson-learned scenario just like this. Progress is made in little, painful steps.
Strange this post is totaly unrelated to what I was searching google for, but it was listed on the first page. I guess your doing something right if Google likes you enough to put you on the first page of a non related search. :)
An insightful post right there mate . Cheers for that.
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After reading through some comments at your blog I really can’t stop smiling. At least people communicate with each other, right :-)
Marina Chavez should be proud of herself for standing up for her rights. Because of her, now other women won’t have to face the appalling treatment she did. I applaud her and wish the best for her and her family!