Barista Forced To Pump Breastmilk Without Privacy At Sicklerville Starbucks: AG

Editor's note: This article now contains comment from a Starbucks spokesperson that Patch received after it was initially published.

SICKLERVILLE, NJ — State investigators found probable cause that Starbucks discriminated against a barista at a Sicklerville location by failing to provide her with a private location to pump breastmilk, the New Jersey Office of the Attorney General (OAG) announced Monday.

The barista, who had returned from parental leave, asked the store manager for a private place to express breastmilk during her shifts. Instead, the manager bought a trifold privacy screen with cloth walls and placed it in a busy back room near sinks, products and storage space accessible to other workers, the OAG said.

The employee had difficulty expressing breastmilk in that setting, fearing that the screen would fall over. Coworkers occasionally bumped into the screen while performing their work duties, causing it to shift from side to side, the OAG said.

When the barista raised concerns, investigators said the manager gave her two choices: keep using the trifold screen or seek to extend her leave of absence. The barista took unpaid leave for almost two months, according to the findings.

The actions occurred at the Starbucks at 611 Berlin-Cross Keys Rd., officials told Patch.

Investigators found probable cause that Starbucks Coffee Company broke state discrimination law, which requires employers to provide the following to a lactating employee:

• reasonable break time each day to express milk
• a suitable room or private location, other than a toilet stall, to express milk near the work area

"Violating the law in this context is illegal, and it too often has the deeply damaging effect of pushing new mothers out of the workforce," said Attorney General Matthew J. Platkin.

The state also requires employers to reasonably accomodate an employee's pregnancy, childbirth or lactation needs.

A Starbucks spokesperson told Patch the following via email: "While we cannot comment on pending litigation, we have robust lactation support policies at Starbucks and provide accommodations to our partners (employees)."

The state issues a Finding of Probable Cause after a preliminary investigation finds sufficient evidence that an entity violated New Jersey's discrimination laws. Once the finding is issued, all involved parties have a chance to negotiate a voluntary solution.

If a solution isn't reached, the state appoints a deputy attorney general to prosecute the case.

A Finding of Probable Cause is not a final determination of wrongdoing.

The New Jersey Division of Civil Rights has published factsheets on required workplace accommodations for breastfeeding and lactation.