NYPD Officer's Suit Over Pumping Breast Milk Could Be First of Several
Regardless of whether a class-action lawsuit is brought, more legal claims—similar to his client's—will be lodged on behalf of NYPD officers who are trying to breast feed, lawyer Eric Sanders said. "This is a citywide problem."
October 12, 2018 at 06:33 PM
6 minute read
A city police officer says that the department failed to give her proper break time to pump breast milk while nursing, pressured her when she took the legally protected breaks, and ultimately transferred her out of her precinct in September in retaliation for expressing breast milk on the job.
Simone Teagle has filed a notice of claim that says she will sue the city, Mayor Bill de Blasio and other officials for $5 million. The lawsuit, expected to be lodged in the next 60 days, will place the New York Police Department on the growing list of the nation's workplaces sued for failing to protect and accommodate breast-feeding mothers, Teagle's lawyer said.
The attorney, Eric Sanders, is also considering launching a class action suit against the New York Police Department. Multiple female officers have called him in recent days to complain about the lack of private, clean spaces to pump breast milk and about being denied proper break time.
Regardless of whether a putative class action is filed, Sanders made clear that more legal claims, similar to Teagle's, will be levied on behalf of the women.
“This is a citywide problem,” he alleged during a Law Journal interview on Friday. “No police department facility has complied with the law.”
He added, “Just because you have someone who works for the police department, they don't lose their constitutional rights.”
The city Law Department on Friday, responding to a Law Journal inquiry and various points alleged by Sanders, did not outright deny what Sanders and Teagle have claimed. The points sent by the Law Journal to the city included that Teagle continues to lack a private, clean space to express breast milk, and that lack of proper lactation spaces is a “citywide problem” found across station houses and police facilities.
Instead, Law Department spokesman Nicholas Paolucci provided a lengthy statement explaining that a new breast milk-pumping policy had been created by the police department this year, pointing to bulletins posted about the policy and how existing facilities should comply, and noting that newly built precinct buildings will have private rooms for expressing breast milk.
“The NYPD is committed to providing its employees with appropriate accommodations to express breast milk privately, comfortably, and in close proximity to work. The new policy was developed this year, and was circulated this summer on or about June 26, 2018,” Paolucci's statement read, continuing, “The bulletin has been posted … [and it] was reissued as an administrative bulletin this week. Since the policy was circulated … the department has received four reasonable-accommodation requests. Most have been received within the last month and a half.”
It also said, “All new precincts being built will have a private room for employees to express breast milk. With respect to existing precincts, as the bulletin instructs, there must be a private room or an office identified that is not a bathroom, and which can provide an employee with the requisite privacy for them to be able to express breast milk. Furthermore, the NYPD is currently exploring additional locations at 1PP [One Police Plaza headquarters] for employees to express breast milk.”
Teagle's problems allegedly started after she returned to work in January from maternity leave. As she began to take needed breaks inside the 113th Precinct to pump milk for an infant son, she began feeling ostracized by some fellow officers and superiors, she claimed. She also alleged she experienced backlash.
“They would look at me and roll their eyes. Or cut their eyes at me like, 'Oh boy, here we go again,'” she told the New York Post this week. “Sometimes they wouldn't even acknowledge me.”
She and Sanders also said she was relegated to unsanitary spaces to pump the milk, such as a basement locker room inside the Jamaica, Queens, station house. Other unclean and often non-private areas she used were the women's bathroom, her car and a department vehicle.
The locker room, she told the Post, had “trash on the floor, mold on the walls, old newspapers” lying around and was “just horrible.”
Moreover, the same locker room recently had a sign posted in it warning of potential asbestos problems, Sanders said Friday.
Yet, as the notice of legal claim stated, under the Affordable Care Act employers are required to provide “a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.”
Teagle will also sue under New York State Labor Law Section 206-c, as it provides greater protections than the federal act in multiple ways, Sanders said.
By August, Teagle's situation at the precinct house worsened, she told the Post. A supervisor demanded that she start listing her pump breaks in a place where everyone could see the list. And soon, she said, she started asking for fewer breaks than she needed. “I didn't want to deal with the faces and the nastiness,” she told the Post.
In turn, according to Teagle and Sanders, she developed mastitis because she wasn't pumping breast milk as much as she needed to. The condition is a painful breast-tissue inflammation that can involve severe swelling and an infection. She allegedly still suffers from it today.
Then in September, Teagle, 37, was “retaliated against,” when the police department transferred her to a new enforcement unit located in a different building, Sanders said.
He added, though, that “the place she's been transferred to—they still don't have the proper facilities,” and once again she is pumping in the bathroom, her parked car or another vehicle.
“They still ostracize her now,” he added of certain officers in the new building. “But she has gotten support from other female employees.” Now that she's gone public with her claims, Sanders said, she is being allowed to take reasonable breaks because “they [superior officers] leave her alone.”
Sanders—who runs a solo civil-rights practice based in Manhattan—said that as he presses Teagle's and other women's lawsuits, he will rely heavily on state Labor Law. It gives more protections to employees, he said, adding that it is not preempted by the federal statute.
On Friday, Sanders spoke of Teagle's mental outlook and of how she's holding up. “She feels better now that her voice is being heard,” he said. “She gave [the NYPD] the opportunity to correct the situation, and it didn't happen. Now she's ready to fight.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllGC Pleads Guilty to Embezzling $7.4 Million From 3 Banks
Trending Stories
- 1Decision of the Day: Judge Reduces $287M Jury Verdict Against Harley-Davidson in Wrongful Death Suit
- 2Kirkland to Covington: 2024's International Chart Toppers and Award Winners
- 3Decision of the Day: Judge Denies Summary Judgment Motions in Suit by Runner Injured in Brooklyn Bridge Park
- 4KISS, Profit Motive and Foreign Currency Contracts
- 512 Days of … Web Analytics
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250