Burgbacher v. Rocky Mountain Academy of Evergreen
The American Civil Liberties Union and the ACLU of Colorado have filed a complaint with the Equal Employment Opportunity Commission and a notice of claim against a Jefferson County public charter school that fired a teacher for asserting her right to pump breast milk while at work, in violation of state and federal anti-discrimination laws. A notice of claim is typically filed to signal intent to file a formal lawsuit.
Heather Burgbacher, a teacher at the Rocky Mountain Academy of Evergreen (RMAE) did not have her contract renewed by the school this year because she stood up for her right to express milk for her newborn baby at work. That right is explicitly guaranteed by the Workplace Accommodations for Nursing Mothers Act, passed by the state legislature in 2008.
In late 2010, Burgbacher arranged for her students to do supervised deskwork for the very brief periods during which she needed to pump breast milk – which amounted to only 20 minutes three times each week. Even though Burgbacher found coverage for her classes during these brief periods, her supervisors resisted this accommodation until forced to accept it through mediation. Burgbacher was informed in February that her contract would not be renewed. Her supervisor made clear that the termination was not due to Burgbacher’s job performance, but only because of the “conflict” over her pumping schedule. During discussions about her pumping schedule, one of Burgbacher’s supervisors informed her that RMAE would not accommodate her need to pump and suggested that she feed her baby formula instead.
The Colorado statute explicitly recognizes the societal and health benefits of breastfeeding and requires that employers make reasonable accommodations to allow new mothers to express milk at work. The filings invoke the protections of the 2008 statute and federal laws against sex discrimination, pregnancy discrimination and retaliation for protesting such violations.
In addition to the ACLU and ACLU of Colorado, Killmer, Lane & Newman, LLP are co-counsel on this case.