New Mom Sues Walmart, Claims Her Need to Pump Breast Milk at Work was Problematic

Photo: (Photo : Wes Hicks/Unsplash)

A new mother from Florida has accused Walmart of discrimination after her manager denied her request for a reasonable accommodation so she could pump breast milk in private. Instead of granting her request, the mom was fired because her request was apparently "problematic."

Kyla Alegata claimed in her lawsuit, which was filed with the Northern District of Florida that the discrimination was a violation of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act, per The Washington Post.

The mother relayed that she worked as a deli worker and baker for Walmart's DeFuniak Springs location in December 2019. After having her daughter in 2020, she claimed that the manager in the deli department started harassing her whenever she took her breaks to pump breast milk.

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Florida mom was uncomfortable in her pumping space

Alegata claimed that she didn't have immediate access to the room assigned for her to pump milk because it was either locked or she had to wait for someone from management to allow her to use the space. Even when she had the chance to use the room to pump, Alegata said she was "constantly interrupted." Near the room, the men on the staff would also get a glimpse of her pumping breast milk. Alegata said this made her feel very uncomfortable.

The mother then submitted a doctor's note outlining her need for a good area for pumping breast milk, but she was rebuffed by the deli manager, who said that they couldn't honor the doctor's note.

On Jan. 14, 2021, Alegata raised her concerns to the general manager, but she found herself out of a job within two days of asking for a better space to extract her baby's food. Her lawsuit stated that Walmart saw her needs as problematic, per Miami Herald.

However, Randy Hargrove, a Walmart spokesman, said that the company does not tolerate discrimination or retaliation. He reasoned that the mother was fired because she took "excessive absences" unrelated to her breaks to pump breast milk. Hargrove insisted that the company did not violate her civil rights because she was, in fact, given a "secure, clean and private" space for her needs.

The Equal Employment Opportunity Commission (EEOC) and the Florida Commission on Human Relations (FCHR) also received Alegata's complaint in September 2021. The EEOC allowed the mother to file a discrimination lawsuit against Walmart, per Fox News.

Alegata wants her case to be tried by a jury. On the other hand, Hargrove said that the FCHR did not find that Walmart violated anti-discrimination laws.

Moms win a class-action lawsuit against Walmart

In 2020, Walmart was ordered to pay $14 million to some 4,000 women who were denied reasonable accommodations while pregnant. According to Bloomberg Law, this class-action lawsuit was the largest claim between an employer and pregnant workers.

Despite the payment, Walmart has denied the accusations and stated that the company provides its pregnant workers with a solid parental leave plan and other accommodations.

"Walmart has had a strong policy against discrimination in place for many years and we continue to be a great place for women to work and advance," the spokesperson said.

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