Listen to this articleThe basics:
- NJ AG alleges Starbucks violated Law Against Discrimination
- Barista says no private, safe space provided to pump breastmilk
- DCR found probable cause after investigating Sicklerville location
- Case may proceed if no settlement is reached with the state
A Starbucks in South Jersey is accused of breaking the New Jersey Law Against Discrimination by failing to provide a barista with private space to pump breastmilk at work, according to authorities.
Following a preliminary investigation at the coffee chain’s Sicklerville location, the Division on Civil Rights issued a finding of probable cause against Starbucks, the state Attorney General’s Office said in a Sept. 22 press release.
Officials said they began looking into the shop after a store employee filed a verified complaint with the state.
Upon returning to work following maternity leave, the woman made a request to the store manager for a private place to pump breastmilk during her shifts. She was then provided with a trifold privacy screen purchased by the store manager in a busy back room next to sinks, products and storage accessible to other employees, the state said.
The barista stated that she had difficulty expressing milk in the location due to the lack of privacy and her fear that the screen would fall over, as coworkers would occasionally bump into it while performing their work duties, authorities said.
When the barista raised concerns about it, the store manager provided her with two choices: use the provided screen or extend her leave of absence, according to the state.
“Because Starbucks did not provide a private space where she felt comfortable pumping and would not engage with her to determine other suitable options, the barista took unpaid leave for almost two more months than she intended,” DCR said.
Must grant reasonable accommodations
In addition to finding a reasonable ground of suspicion that Starbucks violated the LAD by not reasonably accommodating the worker’s request for a private location to pump breastmilk, DCR uncovered evidence that the store failed to engage in “an interactive process with the barista to identify a range of suitable and reasonable accommodations.”
Under the New Jersey Law Against Discrimination, companies must grant reasonable accommodations to employees for pregnancy, childbirth, lactation and medical conditions related to pregnancy, childbirth or lactation – unless doing do would constitute an undue hardship on the employer.
The law also mandates that lactating employees must receive a reasonable breaktime each day to express milk and a suitable, private place near the work area to do so.
Companies must also make a good faith effort to engage in an interactive process with an employee seeking an accommodation that meets the worker’s needs and doesn’t pose “an undue hardship to the employer’s business operations,” the law says.
Protecting employees
New Jersey Attorney General Matthew Platkin described New Jersey’s civil rights laws as having “some of the country’s strongest workplace protections for breastfeeding and lactating employees.”
“These protections are essential because no working parent should ever have to choose between working their shift and feeding their child. Violating the law in this context is illegal, and it too often has the deeply damaging effect of pushing new mothers out of the workforce. The enforcement action announced today underscores our ongoing commitment to protecting working parents from discrimination and puts employers on notice,” he said.
These protections are essential because no working parent should ever have to choose between working their shift and feeding their child.
– Matthew Platkin, NJ attorney general
DCR Director Yolanda Melville added, “We’re committed to fighting for the rights of postpartum employees who need accommodations to return to work while maintaining their milk supply so that they are not forced by their employer to endure unacceptable conditions in order to feed their baby.”
Next steps
Following the issuance of a finding of probable cause, the parties have an opportunity to settle matters out of court. If they’re unable to reach an agreement, the DCR will appoint a deputy attorney general to prosecute the case.
In a statement to NJBIZ, a Starbucks spokesperson said, “While we cannot comment on pending litigation, we have robust lactation support policies at Starbucks and provide accommodations to our partners (employees).”
