Walmart fired new Florida mom because her needs were ‘problematic,’ lawsuit says
A mother is suing Walmart and accusing the company of firing her in Florida because her needs as a new mom were “problematic” at work, according to a new federal lawsuit.
This includes the former deli worker’s need to take breaks to pump breast milk — which she said her managers “harassed” her for — in order to feed her infant daughter who she gave birth to in 2020, a complaint states. She was fired from the company’s DeFuniak Springs location in January 2021.
The mother said she was fired two days after objecting to Walmart denying her request for “reasonable accommodations” at work, according to the lawsuit filed July 7 in the U.S. District Court for the Northern District of Florida.
The woman was granted her the right to sue the company for sex/pregnancy discrimination by the Equal Employment Opportunity Commission in May, the filing shows.
Randy Hargrove, a Walmart spokesperson, told McClatchy News in a statement that the company “does not tolerate discrimination or retaliation of any kind.”
“We support our associates by providing accommodations every day and believe store management provided (the woman) with the necessary breaks to express milk in a secure, clean and private area.”
He added that Walmart’s pregnancy policy “has always fully met or exceeded both state and federal law.”
The mom’s experience at Walmart
On Dec. 7, 2019, the woman, described in the lawsuit as an “excellent worker,” began working in Walmart’s deli and as a baker at the DeFuniak Springs location before giving birth to her baby girl in 2020, the complaint states.
During her employment, she accuses two managers of harassing her when needing to pump breast milk for her daughter and experiencing “great discomfort” in the room designated for her to do so, according to the lawsuit.
In this room, the woman said random people would repeatedly walk in while she was pumping, the complaint noted. Additionally, male employees would be present working on their laptops, “making her even more uncomfortable.”
“To make matters worse… (she) often had to wait (sometimes up until an hour) until management opened the door in order to pump.”
When the now-former worker gave her deli manager a doctor’s note “asking for the reasonable accommodations for her pumping breast milk and pregnancy-related absences,” she was told that Walmart ”does not accept doctor’s notes,” the lawsuit said.
On Jan. 14, 2021, the woman went to the store’s general manager and objected to the denial of her request by pointing out it violated her rights under Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act, according to the complaint.
She said she was fired two days later on Jan. 16, 2021.
“It is clear that (Walmart) saw (the woman’s) pregnancy and her restrictions/need to pump breast milk as problematic and utilized same as a substantial motivating reason in its decision to terminate her,” the complaint states.
Walmart spokesman Hargrove told McClatchy News that Walmart fired the woman “for excessive absences that were unrelated to any breaks or protected activity.”
Title VII protects employees from discrimination related to race, color, religion, sex and national origin, according to the EEOC. The PDA “amended” Title VII by making it illegal to discriminate against someone for pregnancy, giving birth and any related medical conditions, the agency notes.
“Discriminating against a woman who is lactating or expressing breast milk violates both Title VII and the PDA,” the lawsuit said.
Months after the mother was fired, she filed a dual charge of discrimination with the EEOC and the Florida Commission on Human Relations on Sept. 29, 2021, according to the complaint.
While the EEOC granted the woman a right to sue Walmart, Hargrove noted that the FCHR “found it unlikely that any discrimination violating the law occurred in this case.”
On March 28, the FCHR determined there was “no reasonable cause” that discrimination occurred, according to a copy of their report shared by Walmart.
The complaint states the mother has experienced damages including a loss of wages, emotional distress, humiliation and more as a result of Walmart firing her.
The lawsuit seeks an unspecified amount of damages to be awarded to the woman, including back pay, front pay and attorneys’ fees, it states. It also demands a trial by jury.
DeFuniak Springs is roughly 65 miles northwest of Panama City.
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