In a post last year, we wrote about a lawsuit about a teacher in Colorado claimed her school was not following Colorado’s Workplace Accommodations for Nursing Mothers Act of 2008. Although the lawsuit has been settled, both sides have different views of the future.
Heather Burgbacher was a technology teacher at the Rocky Mountain Academy of Evergreen, an independent public charter school in Evergreen Colorado. In 2010 after giving birth to her daughter, Burgbacher complained to school officials that her needs related to breastfeeding were not being met. Then she was fired.
Next, Burgbacher contacted the ACLU who filed suit. That suit is now settled.
ACLU attorney Rebecca Wallace stated that this settlement was the first “…protecting the rights of working mothers to have accommodations in the workplace so that they can pump breast milk.” Another attorney involved on Burgbacher’s team said the school will now make policy changes required in the settlement.
Kelli Anderson of the school’s charter board commented, “We have no need to make any changes to our policies or procedures…” Anderson goes on to say that the settlement establishes that the school did not do anything wrong. She also states that Burgbacher was never fired; her contract was not renewed when the school’s needs changed. Anderson also said that the settlement was a business decision.
The settlement also included monetary compensation for Burgbacher, the amount of which is being kept confidential.