Close X
We are essential, and so are you! Our firm is still OPEN for business and accepting new clients. To protect your safety, we are offering new and current clients the ability to meet with us via telephone or through video conferencing. Please call our office to discuss your options.

California surrogate claims discrimination, can't pump at work

A California woman who is a gestational surrogate is suing her employer for the right to take lactation breaks. The woman, who does not have an infant at home but still needs to pump breast milk to send to the baby's parents, says she has been the target of sex discrimination by staff members at the LAX Marriott. The woman says that she was denied the opportunity to pump breast milk at work even though her doctor sent a note indicating its benefits.

The woman had given birth in April 2014 and asked for lactation breaks when she returned to work about two months later. Her breast milk requirements for the parents actually ended in June 2014, but the woman has continued to pump in order to donate to milk banks and provide milk for other women who cannot breastfeed. Her lactation breaks expired at the end of July 2014, at which time the woman began to pump at night. This has caused her serious health problems such as breast pain, clogged ducts and sleeplessness because she cannot pump during the day.

The woman is furious that she is unable to continue to pump at work, particularly because Marriott has characterized the practice as exercising during work. Ultimately, this sex discrimination case is designed to determine whether the employee has the right to continue to pump at work even though she does not have an infant child at home. If the jury finds in her favor, the woman could receive the breaks she needs instead of having to pump during lunch.

This case could better define the rights of employers to know about employees' pregnancy and what they intend to do with their babies. The surrogate in this case does not have an infant at home, but that does not mean that she shouldn't have the same rights as any other pumping mother. Employers in California could be prevented from engaging in discrimination against surrogates and others in similar situations.

Source: Slate, "Pregnancy Surrogate Sues Marriott for Denying Her Lactation Breaks at Work," Christina Cauterucci, Nov. 06, 2015

No Comments

Leave a comment
Comment Information

Why Hire Bononi Law Group?

You can choose among many California law firms when seeking an attorney for your employment law matter. Here are four reasons you should consider Bononi Law Group.

  • Experienced Experienced

    More than two decades helping employees and employers with employment law matters

  • Recognized Recognized

    Included in Southern California Super Lawyers, listed in Best Lawyers in America, and quoted in the Los Angeles Times

  • Right-Sized Right-Sized

    Small enough to give personal attention and large enough to have the resources needed for success

  • Tested Tested

    We have obtained hundreds of millions of dollars for clients through settlements and trial verdicts

  1. AVVO Rating - 10.0 Superb
  2. BBB(R) - Accerdited Business A+ Rating
  3. Weekly Reader Recommended - Best of Pasadena - 2016
  4. LACBA - Los Angeles County Bar Association
  5. Lead Counsel - LC - Rated
  6. Martindale-Hubbell - AV Preeminent - Peer Rated for Highest Level of Professional Excellence
  7. The National Advocates | Top 100 Lawyers
  8. Super Lawyers
  9. ABA - American Bar Association
  10. FindLaw - Bononi Law Group, LLP

Fight Back With Bononi Today! Call 866-295-7512

To learn about your legal rights and options in employment matters, talk to us. Complete the form here or give us a call.

EMAIL US FOR A RESPONSE

Email Us For Quick Answers

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

visit our office/follow us

Bononi Law Group, LLP
301 North Lake Ave, Suite 820
Pasadena, CA 91101

Toll Free: 866-295-7512
Fax: 213-553-9215
Pasadena Law Office Map