Heather Burgbacher, Teacher Fired For Pumping Breast Milk At Work To File Law Suit

After five years of teaching technology at the Rocky Mountain Academy of Evergreen in Colorado, teacher Heather Burgbacher will not be returning to the classroom. Instead, with the help of the ACLU, she is filing a discrimination lawsuit against the school, 9news.com reports.

She claims her contract with the school was not renewed because she pumped her breasts for milk during the work day.

According to Fox31, "A 2008 Colorado law says employers have to make reasonable accommodations to working mothers who want to pump breast milk."

And when Burgbacher approached the school director to let him know she would need time to pump for breast milk, "He was receptive to the idea," she told 9news. The teacher found someone to fill her shoes for 20 minutes three days a week while she pumped. But after a few months, that person decided not to do it anymore.

The human resources director then recommended she supplement her child's breast milk with formula, according to 9news.

"It's not an employer's place to dictate how I nourish my child," Burgbacher said.

Now the public school district is claiming that "The teacher's separation from the school had nothing to do with the issue" -- a new statement that Burgbacher's lawyers are doubting.

It could take months before the suit goes to court, but if it does, it will be the first time it has happened in Colorado.

Comments

[abhorson]

05:43 AM on 08/22/2011

was she pumping in the classroom or out ? cause IN the classroom might put those kids to sleep, the constant vavoom, vavoom, vavoom, vavoom of the pump ... you'll find 1/2 the kids with their heads on their desks... and the other hand offering to help.

[seb2657]

02:32 PM on 08/18/2011

she couldn't do it during lunch??

[DARK STAR]

11:56 AM on 08/18/2011

Please note that employees waste a lot more than 20 minutes of time doing stupid stuff, at least she was doing something that was helpful to her and her child.

This is more nonsense. Thankfully the Palin articles are diminishing though, eh?

[sunnybunny]

02:15 PM on 08/18/2011

Look - we're wasting time right now. just think how many people take short breaks throughout the day to smoke a cigarette (which takes about the same length of time and also usually has to be done in a different location from where you actually work - so you have to stop working to do it)

[sunnybunny]

11:26 AM on 08/18/2011

Here's the thing, the law says they have to make reasonable accommodations. She says they aren't doing that - they say she is a pain in the ass, and this is not the only problem. Both may be true. The attitudes expressed on this board show what a big part of the problem is with a lack of respect and unreasonable expectations on both sides. They have a responsibility to accommodate her but it is her responsibility too to help figure out how to work it into her workday so she can still do her job. If they absolutely can't work together, then it makes sense that they say she isn't a good fit. But, if they are disregarding the importance of what she needs to do, and resisting giving her the extra breaks, then they are in the wrong.

It will be interesting to see if this is the first of many like this, since many people might not agree with this law or understand it. I'm wondering how long it will take for this to become a normally accepted practice or how much of a fiasco it becomes.

[Supersteel]

09:07 AM on 08/18/2011

I would like to know how many breaks she got during the day and why she couldn't pump during those breaks? rather than leaving her classroom, which is usually a big no no. My wife pumped for a few months but she used her two prep periods and lunch periods to do it. I dont know if this woman has that much time.

[Supersteel]

09:01 AM on 08/18/2011

20 minutes three times a week? Doesn't seem like enough time to keep it going If true, she obviously has a right to pump with reasonable accomodation. though she may have had to use lunch and prep periods, not classroom time But we have to see if it is true. In tough economic times, discrimination claims increase because people know finding a new job is tricky, She may just have been a bad teacher. We dont know because typically it is in the plaintif's interest to tell their side publicly, and the lawyers will tell defendants not to comment at all. Which is why stories always make it sound like the plaintiff is right-we only hear their allegations-and the defendant is terrible.. and then sometimes the court case shows otherwise.

[rwlappraisals]

06:11 AM on 08/18/2011

She must be selling it on Craigs List.

[Aidan Bolduc]

04:41 AM on 08/18/2011

My sister is a teacher and breast fed both of her children. She would pump before work, during lunch, and once school let out and she was just fine. I know everyone is different but I'm not sure why she needs 20 minutes 3 days a week to pump.

I see some comments saying that you need to regularly pump to keep making milk, which is true, but she's not asking for 20 minutes 3 times a day to pump - just 20 minutes 3 times a WEEK. If it's not because her breasts hurt or she is doing it to keep the supply of milk flowing she could easily do it after school.

[sydneymoon]

07:28 AM on 08/18/2011

"If it's not because her breasts hurt or she is doing it to keep the supply of milk flowing she could easily do it after school."

Not necessarily

If she only works, let us say MWF, that would explain the 3x per week schedule. The other days are not a problem as she is not working.
Perhaps her school is on a block schedule where the MWF schedule proved challenging, but the Tuesday and Thursday schedule created an opportunity for pumping.
Another possibility is she works a full day 3x a week, but only part time on the other 2 days thus providing time to pump.
So, it is not to say she isn't pumping daily, but the schedule for 3 days out of the week... a bit tricky.

[Supersteel]

11:36 AM on 08/18/2011

This would be information it would be nice if the reporters included in the article, don't you think?

[Omeezee]

03:55 AM on 08/18/2011

Maybe there is more that was not reported, but from this post there is nothing to suggest that her contract wasn't renewed because of her breastfeeding. Teaching jobs are being cut left and right and it isn't always based on tenure.

[sydneymoon]

07:37 AM on 08/18/2011

I would say this could be true, but the linked story gives me pause.
She was an employee for 5 years with excellent reviews.
According the new director (the former director seemed to be okay w/ the arrangements):

""He advised me they were not going to renew my teaching contract, not due to performance or qualifications but due to the conflict I caused," she said."
The school then denied it said as such and said, although she was a tech teacher for the school, a new position was created as technology advisor.and it wasn't a fit.
And then...
" She says she found another staff member who was willing to fill in for her during that time. She says at first the school was okay with the arrangement.

But she says then they said it was a conflict and suggested she supplement her baby with formula. And then she says the director told her they were letting her go because of the "conflicts" caused by her breast pumping."

This raises an eyebrow as it sounds like a convenient excuse after the fact. Maybe not.

http://www.kdvr.com/news/kdvr-breast-milk-aclu-txt,0,2918216.story

[modelarka]

11:58 PM on 08/17/2011

I don't have any idea why you people fight some much over this article? She wasn't FIRED beacuse she was breastfiding! Her contract expired and wasn't renew. The school could have thousand reason not to hire her again. And first of all it's her side of story and nobody heard any comments from school. So I don't get why all this comments come from, stop judging people before you know WHOLE story!!!

[sydneymoon]

07:47 AM on 08/18/2011

No, she wasn't fired, but not being renewed is the same result.
The school did respond and denies the following:
""He advised me they were not going to renew my teaching contract, not due to performance or qualifications but due to the conflict I caused," she said.
He being the new director, whereas the former director was okay w/ the arrangements.

I hesitate to completely accept the school stating she wasn't a 'good fit' for the new position as technology advisor. She had been given excellent reviews for the 5 years as a technology teacher. The thing that changed was having a new director come on board who appears to be reluctant to work w/ her schedule. Maybe not, but I remain dubious of the school's motive of not rehiring her.

[12Purple]

01:24 PM on 08/18/2011

Wow. I don't have any idea why you even try to post with your horrible grammar and spelling. Perhaps you should have stayed in school a bit longer

[modelarka]

12:09 AM on 08/19/2011

English is my second language and if you don't like my comment don't read them. Is your second language perfect like English? At least I'm not a mean person like you are!

[Lizette Andrea]

11:13 PM on 08/17/2011

there other places to do this but school not one of them the school should counter sue

[PrettyBaBy]

09:29 AM on 08/18/2011

"There are other places but school isn't one of them." Are you kidding me? Well, I'm trying to keep 22 students on schedule and focused, I don't need them raising their hands during class to use the restroom either, so should THAT disruption be outlawed? Should I refuse that child simply because it's not a scheduled restroom break? Maybe that child should be kicked out and homeschooled because he/she can't adhere to the normal restroom schedule. Breastfeeding, and pumping, is a very natural bodily function. How about you skip restroom breaks and lunches because it 'disrupts' the work environment? And btw, for those asking why only 20 mins, 3 times a week: teachers OFTEN have odd schedules, students may have music or recess twice a week and she's fine on those days, but for those three days she needs 1 extra break so she doesn't explode. Have a little empathy; it won't cost you a single penny and it certainly couldn't hurt with that attitude you have.

[CarlyQ]

09:35 AM on 08/18/2011

The law says otherwise.

[Imhotep40]

10:48 PM on 08/17/2011

Ok, am I missing something? She was a contract worker, not an employee, her contract was not renewed (i.e. the contract option was not exercised).

Why is the teacher filing suit if the contract wasn't breached?

[Yamagatagirl]

10:23 PM on 08/17/2011

Breast-feeding is sacred but only in the sick world, where the most vile and hateful things are spread thoughout the tv and internet can it be turned into something ugly. Well not in my house, not now, now ever. Women who can't or choose not to breastfeed, always give women who CHOOSE to do it a hard time......so wrong......I HOPE YOU WIN......

[tracyamanda]

05:21 PM on 08/22/2011

You are very wrong. Not EVERY woman who doesn't breastfeed gives women who do a hard time. Besides, there are women who do breastfeed that give those who don't a hard time as well but I don't hear you complaining about that.

[Yamagatagirl]

05:31 PM on 08/22/2011

True, I shouldn't have said always. Replace always with often......

[StrayTalk]

10:11 PM on 08/17/2011

Amazing, so many people against good nutrition for the little ones. And yes, breast milk is the BEST food for babies. Not some man made fake milk. Fire her if she was a bad, incompetent teacher. (unrelated to breast milk) Otherwise, I hope she wins her case. And glad the ACLU is there for her...so many people against civil liberties also!

[Yamagatagirl]

10:24 PM on 08/17/2011

So true.....

[Jessica36]

11:14 AM on 08/19/2011

I agree! She should be allowed as much time as possible. Some women need several breaks throughout the day in order to maintain a good supply. She hardly asked for any time at all! Much less than a typical smoker uses for their cancer breaks.

[Kells38]

09:57 PM on 08/17/2011

They didn't fire her...they just didn't RENEW her contract. She got fired and had to think of a hot-button issue to use for her lawsuit...seems like she found it!

[sunnybunny]

05:57 AM on 08/20/2011

They gave it to her.