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Mom Fired for Nursing Wins Sex-Bias Suit

Calif. panel rules dismissal amounts to discrimination

By Kevin Spak,  Newser Staff

Posted Aug 24, 2009 11:02 AM CDT

(Newser) – Firing an employee for breastfeeding during her break amounts to sex discrimination, California’s Fair Employment and Housing Commission ruled last week, awarding her $41,645 in damages, the San Francisco Chronicle reports. Marina Chavez was fired from her job at a Los Angeles-area taqueria after breastfeeding her newborn on her lunch break in the family car.

The taqueria's owner claimed that he fired her for incompetence and insubordination, and says he’ll appeal the ruling, which he adds will bankrupt him. 

California's Fair Employment and Housing Commission ruled that firing a woman for breastfeeding while on break constitutes sexual discrimination.
California's Fair Employment and Housing Commission ruled that firing a woman for breastfeeding while on break constitutes sexual discrimination.   (Shutterstock)
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It is unconscionable that a working mother should be penalized for needing to feed her newborn baby. - Phyllis Cheng, director of the Department of Fair Employment and Housing, which represented Chavez

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COMMENTS
Showing 3 of 9 comments
MrsK
Aug 25, 2009 12:35 PM CDT
She probably was not a model employee to begin with. Now she has $40k in the bank and can afford a breast pump.
Mad
Aug 25, 2009 7:36 AM CDT
I'm the only one that voted that up???
Mad
Aug 25, 2009 7:35 AM CDT
Are you seriously suggesting, that when one appeals a legal decision they become libel for 10x damages? What kinda idiot are you that would penalize Americans seeking legal help? You are such an fool

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