Nike class action claims company did not provide lactation accommodations

Nike lactation accommodations class action lawsuit overview: 

• Who: Plaintiff Fantasia McDonald filed a class action lawsuit against Nike Retail Services Inc. 
• Why: McDonald claims Nike failed to provide California-mandated accommodations to postpartum and nursing female employees who returned to work but still needed to pump breast milk. 
• Where: The Nike class action lawsuit was filed in Los Angeles County Superior Court in California.

Nike fails to provide California-mandated accommodations to postpartum and nursing female employees who have returned to work but need to pump breastmilk to feed their babies, a new class action lawsuit alleges. 

Plaintiff Fantasia McDonald’s class action lawsuit claims Nike fails to provide lactating workers with a reasonable break time and a private and shielded space in close proximity to their work location to sit and pump. 

“Nursing mothers who do not have adequate workplace support are at an increased risk of early weaning, illness and/or infections, and job loss. Therefore, it is critical for workplaces to provide a secure lactation space for nursing mothers,” the Nike class action says. 

McDonald wants to represent a class of individuals who have been lactating parents within the last four years while being employed by Nike in the state of California. 

Nike failed to provide lactating employees with accommodations, class action claims

McDonald, who was terminated by Nike in March, says she was not allowed to have pumping sessions unless it was during her meal or rest periods and that she had to drive 10 minutes to a friend’s house to pump on her lunch break, due to other options not being acceptable. 

“Ms. McDonald is informed and believes that other employees in the Plaintiff Class were not provided lactation accommodations. It was difficult for plaintiff and other members of the class to find suitable areas that were private and equipped to pump,” the Nike class action says. 

McDonald claims Nike is guilty of violating several California labor codes and the state’s Unfair Competition Law. She demands a jury trial and requests declaratory and injunctive relief and an award of compensatory and punitive damages for herself and all class members. 

A similar class action lawsuit was filed against McDonald’s earlier this year by a pair of female employees arguing the company fails to provide proper space to express breast milk, as required by law. 

Have you been denied access to breast milk pumping sessions at work? Let us know in the comments.

The plaintiff is represented by Michael S. Morrison and Erin Lim of Alexander Morrison + Fehr LLP and Sahag Majarian and Garen Majarian of Majarian Law Group, APC. 

The Nike lactation accommodations class action lawsuit is McDonald, et al. v. Nike Retail Services Inc., et al., Case No. ?, in the Superior Court of the State of California 

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