Heather Burgbacher was fired for asserting her right to pump breast milk for her infant child while at work. Her employer, Rocky Mountain Academy of Evergreen (RMAE) is a Jefferson County public charter school. After five years of excellent performance evaluations, RMAE refused to renew Ms. Burgbacher’s contract because she stood up for her right to have time and a private location to express breast milk for her newborn baby at work.
The ACLU of Colorado and the national ACLU Women’s Rights Project represented Ms. Burgbacher in her legal claim against RMAE in order to vindicate her rights, and the rights of all Colorado women, to express breast milk at work if they so choose. This right is guaranteed by the Workplace Accommodations for Nursing Mothers Act, passed by the Colorado state legislature in 2008, as well as other state and federal anti-discrimination laws. This is the first legal challenge brought under the Nursing Mothers Act.
In a settlement resolving the litigaiton, Rocky Mountain Academy agreed to significant policy changes to ensure that nursing employees have the time and space to express breast milk at work. Ms. Burgbacher also received monetary compensation.
ACLU Press Releases:
"ACLU takes action on behalf of Jeffco teacher fired for pumping breast milk at work," ACLU News Release, August 15, 2011
"ACLU settles Colorado lawsuit," ACLU News Release, September 18, 2012
Media:
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“ACLU to sue on behalf of breastfeeding teacher,” The Denver Post, August 15, 2011
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“ACLU To Sue Over Colorado Breastfeeding Teacher,” CBS News, August 15, 2011
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“Fired For Pumping On the Job?,” Wall Street Journal, Augsut 16, 2011
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“Breast-milk pumping results in job loss?: ACLU takes action on behalf of Heather Burgbacher,” Westword, August 16, 2011
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“Should Pumping at Work Get You Fired? ACLU Says No,” Time, August 24, 2011
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“Heather Burgbacher, Teacher Fired For Pumping Breast Milk At Work To File Law Suit,” HuffPost, October 16, 2011
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“ACLU Settles Breastfeeding Teacher Case,” CBS News, September 18, 2012
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“ACLU settles breastfeeding teacher case,” The Denver Post, September 18, 2012
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“ACLU announces breastfeeding settlement with Jeffco school claiming it did nothing wrong,” Westword, September 18, 2012
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“ACLU Settles Heather Burgbacher Breastfeeding Case Under Colorado Nursing Mothers Act,” HuffPost, September 19, 2012
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“Teacher, charter settle breast-pumping case,” Chalkbeat, September 19, 2012
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“Settlement In Colorado Breastfeeding Case,” Wall Street Journal, September 19, 2012
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“Teacher settles with school after being fired for pumping breast milk,” Gazette, September 19, 2012
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“Evergreen teacher gets settlement in highly-publicized breast pumping case,” KDVR, September 28, 2012
ACLU case number
2011-04