Former Chipotle Employee Claims She Was Denied Breast Pump Breaks

A former Chipotle employee has filed a class action lawsuit accusing the chain of denying her an opportunity to take breaks so she could pump breast milk.

Plaintiff Noel Hendrix says she worked at a Glendale, Ariz., Chipotle from about March 2016 to December 2016.

Throughout her employment, Hendrix says she would inform her managers that she required regular breaks once or twice per shift in order to express breast milk.

According to the class action lawsuit, if Hendrix was not able to regularly pump the breast milk, her breasts would become painful and sometimes leak.

Around Dec. 29, 2016, Hendrix requested to take a break to pump, the class action lawsuit states.

However, the plaintiff claims, her managers refused to let her take the break, telling her the restaurant was too busy. Hendrix claims she was told she “should have managed her time better before coming into work.” 

She returned to her cashier post, the Chipotle class action lawsuit states. But about 20 minutes later, her breasts began to visibly leak through her shirt.

Hendrix was “very embarrassed” because she was left with no choice but to interact closely with customers while she was still wearing the wet shirt.

After discovering Hendrix’s breasts were leaking, her manager told her she could take a break in 15 minutes, the Chipotle class action lawsuit alleges.

“While she was waiting, Plaintiff’s undergarments and work uniform became cold and soggy in plain view of guests,” the class action lawsuit says.

Then, about 40 minutes after she was allowed a break to pump, her managers “called her into the office to berate her,” the complaint alleges.

One of the managers allegedly raised his voice during the confrontation and said “he had a business to run and could not stop everything just because Plaintiff needed to pump breastmilk.”

Hendrix alleges the same manager also told her that her mother could call the corporate office, but he was “untouchable,” so there would be no point in doing so.

In addition, the manager reportedly told Hendrix the whole team “had his back,” indicating the other Chipotle employees knew about her situation, and threatened to complain to her boss about her request for pumping at work during peak hours.

Following the confrontation, Hendrix called the respectful work number for Chipotle employees, leaving voicemails on “two or three” occasions, the class action lawsuit claims. She says she never received a response.

Hendrix claims she is aware of other current and former Chipotle employees who have had similar experiences. 

She has filed a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC), alleging that she was discriminated against because of her gender and pregnancy, constituting a Title VII violation, according to the class action lawsuit.

The EEOC issued Hendrix a Cause Determination, concluding there is reasonable cause to believe Chipotle violated Title VII and the Pregnancy Discrimination Act of 1978 by “subjecting her to discrimination due to her sex, female (pregnancy), by preventing her from expressing breast milk at work, and openly expressing hostility and subjecting her to harassment about her need to express milk at work,” the complaint says.

“Defendant’s actions as alleged herein constitute discrimination on the basis of gender/pregnancy in violation of Title VII,” the class action complaint says. “Defendant intentionally discriminated against Plaintiff and the Collective Members, and acted with malice or reckless indifference to Plaintiff’s federally protected rights.”

The plaintiff is asking the Court to certify the complaint as a class action and issue notice to all putative Class Members advising them that the case is pending and permitting them to assert their own Title VII claims.

The proposed Class would include all current or former Chipotle employees “who requested to pump or express breast milk while on-shift, but were denied the request, and/or who were subjected to hostility or harassment for requesting such pump breaks, between March 9, 2016 and January 3, 2017,” the complaint says.

Hendrix is also asking the Court to award compensatory and punitive damages; pre- and post-judgment interest; attorneys’ fees and costs; “reasonable incentive awards to each named Plaintiff to compensate them for the time they spent and risks they took in pursuing this lawsuit”; and any other relief the Court deems appropriate.

Hendrix also demands a jury trial.

Are you a Chipotle employee who has been denied a break for pumping at work? Tell us your experience in the comments.

The plaintiff is represented by Jason Barrat and Jessica Miller of Zoldan Law Group PLLC.

The Chipotle Employees Breast Pump Break Class Action Lawsuit is Noel Hendrix, et al. v. Chipotle Mexican Grill Inc., Case No. 2:20-cv-01595-ESW, in the U.S. District Court for the District of Arizona.

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