The Sanders Firm, P.C. | New York Civil Rights Lawyer https://www.thesandersfirmpc.com New York Civil Rights Lawyer Fighting For the People Wed, 22 Jan 2020 05:39:45 +0000 en-US hourly 1 https://wordpress.org/?v=5.3.2 Brooklyn BP Wants To Make Sure NYPD Isn’t Failing Nursing Momshttps://www.thesandersfirmpc.com/brooklyn-bp-wants-to-make-sure-nypd-isnt-failing-nursing-moms/ Thu, 02 Jan 2020 19:18:49 +0000 https://www.thesandersfirmpc.com/?p=11866 The post Brooklyn BP Wants To Make Sure NYPD Isn’t Failing Nursing Moms appeared first on The Sanders Firm, P.C. | New York Civil Rights Lawyer.

]]>
Brooklyn BP Wants To Make Sure NYPD Isn’t Failing Nursing Moms

The post Brooklyn BP Wants To Make Sure NYPD Isn’t Failing Nursing Moms appeared first on The Sanders Firm, P.C. | New York Civil Rights Lawyer.

]]>
Officers sue NYPD citing discrimination over lactationhttps://www.thesandersfirmpc.com/officers-sue-nypd-citing-discrimination-over-lactation/ Thu, 02 Jan 2020 18:19:00 +0000 https://www.thesandersfirmpc.com/?p=11859 The post Officers sue NYPD citing discrimination over lactation appeared first on The Sanders Firm, P.C. | New York Civil Rights Lawyer.

]]>

Officers sue NYPD citing discrimination over lactation

The post Officers sue NYPD citing discrimination over lactation appeared first on The Sanders Firm, P.C. | New York Civil Rights Lawyer.

]]>
NYPD ‘Nursing Mothers’ demand lactation rooms in police precinctshttps://www.thesandersfirmpc.com/nypd-nursing-mothers-demand-lactation-rooms-in-police-precincts/ Thu, 02 Jan 2020 17:52:00 +0000 https://www.thesandersfirmpc.com/?p=11850 The post NYPD ‘Nursing Mothers’ demand lactation rooms in police precincts appeared first on The Sanders Firm, P.C. | New York Civil Rights Lawyer.

]]>
NYPD ‘Nursing Mothers’ demand lactation rooms in police precincts

The post NYPD ‘Nursing Mothers’ demand lactation rooms in police precincts appeared first on The Sanders Firm, P.C. | New York Civil Rights Lawyer.

]]>
Lawsuit Filed Against NYPD By Breastfeeding Mothershttps://www.thesandersfirmpc.com/lawsuit-filed-against-nypd-by-breastfeeding-mothers/ Thu, 02 Jan 2020 17:50:00 +0000 https://www.thesandersfirmpc.com/?p=11856 The post Lawsuit Filed Against NYPD By Breastfeeding Mothers appeared first on The Sanders Firm, P.C. | New York Civil Rights Lawyer.

]]>
Lawsuit Filed Against NYPD By Breastfeeding Mothers

The post Lawsuit Filed Against NYPD By Breastfeeding Mothers appeared first on The Sanders Firm, P.C. | New York Civil Rights Lawyer.

]]>
Brooklyn Pols. Joins Fight for NYPD ‘Nursing Mothers’ Rightshttps://www.thesandersfirmpc.com/brooklyn-pols-joins-fight-for-nypd-nursing-mothers-rights/ Thu, 02 Jan 2020 16:14:00 +0000 https://www.thesandersfirmpc.com/?p=11844 FOR IMMEDIATE RELEASE New York Civil Rights Lawyer Eric Sanders, Esq., of The Sanders Firm, P.C., Brooklyn Borough President Eric L. Adams and New York City Council Member Robert E. Cornegy, Jr., join together to push for new legislative changes and an audit of NYPD facilities to ensure compliance with federal, state and local laws …

The post Brooklyn Pols. Joins Fight for NYPD ‘Nursing Mothers’ Rights appeared first on The Sanders Firm, P.C. | New York Civil Rights Lawyer.

]]>
FOR IMMEDIATE RELEASE

New York Civil Rights Lawyer Eric Sanders, Esq., of The Sanders Firm, P.C., Brooklyn Borough President Eric L. Adams and New York City Council Member Robert E. Cornegy, Jr., join together to push for new legislative changes and an audit of NYPD facilities to ensure compliance with federal, state and local laws regarding a nursing mother’s right to express milk during work hours

NEW YORK, January 2, 2020 – Today, after a class-action lawsuit filed by NYPD ‘Nursing Mothers,’ New York Civil Rights Lawyer Eric Sanders, Esq., Brooklyn Borough President Eric Adams, New York City Council Member Robert E. Cornegy, Jr., along with named plaintiffs’ Simone Teagle and Viviana Ayende, and advocacy groups, join together to push for new legislative changes to ensure that lactation rooms are safe and sanitary, and for New York City Comptroller Scott Stringer to conduct a comprehensive audit of NYPD facilities to ensure compliance with federal, state and laws regarding a nursing mother’s right to express milk during work hours.

“The disturbing allegations in this lawsuit show that our City is failing working mothers. We cannot claim we are leading on gender equality when women cannot safely pump breast milk without facing ridicule or dangerous conditions. I urge the City Council to expeditiously pass Intro 1662, which would ensure lactation rooms are safe and sanitary for working mothers in the NYPD and throughout the city. I also call on the Comptroller’s office to conduct a comprehensive audit of this issue so we can understand the full extent of the challenges faced by working mothers in New York’s Finest. The boys club culture in our law enforcement must change to embrace and support mothers who are trying to balance the demands of work and family,” said Adams.

“I would like to commend the courage of the named plaintiffs in the class-action lawsuit against the NYPD seeking redress for the agency’s failure to comply with various laws that aim to support new and breastfeeding mothers,” said Cornegy. “This policy fight, which I and colleagues have been in front of, is not just a fight for the equality of women in our society, and our workforce, but a fight to embrace family values and make our government more family-friendly. I call on the NYPD to come into compliance with all laws requiring lactation accommodations, and on City Council to bring Intro 1662-2019 to a hearing, and to get it passed as soon as possible.”

“With the assistance of the Borough President and other advocates in this space, we intend to ensure the NYPD complies with law and stops treating nursing mothers as second-class citizens. It’s time we provided decent conditions for women who need to express breast milk while on the job,” said Sanders.

Legislation sponsored by Council Member Cornegy and introduced at the request of Borough President Adams, Intro 1662, would require the New York City Department of Health and Mental Hygiene (DOHMH) to provide mandatory annual training to staff at locations required to make lactation rooms available. It would also require DOHMH to inspect the lactation rooms at least quarterly for cleanliness, safety, and accessibility.

The federal civil rights lawsuit was filed on December 23, 2019, in the United States District Court for the Eastern District of New York, Docket No.: 19 cv 7211.

ABOUT THE SANDERS FIRM, P.C.

The Sanders Firm, P.C. offers those in the New York City area legal services related and connected to civil rightscivil service rightscriminal law and discrimination. We firmly believe in everyone’s individual rights that are described and guaranteed by the Constitution of the United States of America. We understand that our freedoms and liberties are sacrosanct and that they have been won in many and various hard-fought battles. We are committed in every way to protecting your civil rights.

CONTACT

Eric Sanders, Esq.
President and Owner, The Sanders Firm, P.C.
Business Phone: 212-652-2782

The post Brooklyn Pols. Joins Fight for NYPD ‘Nursing Mothers’ Rights appeared first on The Sanders Firm, P.C. | New York Civil Rights Lawyer.

]]>
Facebook Live: Brooklyn Pols. Joins Fight for NYPD ‘Nursing Mothers’ Rightshttps://www.thesandersfirmpc.com/facebook-live-brooklyn-pols-joins-fight-for-nypd-nursing-mothers-rights/ Thu, 02 Jan 2020 13:41:00 +0000 https://www.thesandersfirmpc.com/?p=11871 The post Facebook Live: Brooklyn Pols. Joins Fight for NYPD ‘Nursing Mothers’ Rights appeared first on The Sanders Firm, P.C. | New York Civil Rights Lawyer.

]]>

After a class-action lawsuit by current and former NYPD officers alleged horrific conditions for breastfeeding mothers on the force, including a lack of sanitary facilities and ridicule from fellow officers, I’ve joined the attorney and named plaintiffs in the suit, along with fellow lawmakers and advocacy groups, to demand the expedited passage of City Council legislation that would ensure lactation rooms are safe and sanitary, and call on the City Comptroller’s office to conduct a comprehensive audit on the issue.

Posted by Eric Adams on Thursday, January 2, 2020
Facebook Live: Brooklyn Pols. Joins Fight for NYPD ‘Nursing Mothers’ Rights

The post Facebook Live: Brooklyn Pols. Joins Fight for NYPD ‘Nursing Mothers’ Rights appeared first on The Sanders Firm, P.C. | New York Civil Rights Lawyer.

]]>
NYPD ‘Nursing Mothers’ File Landmark Class Action Lawsuithttps://www.thesandersfirmpc.com/nypd-nursing-mothers-files-landmark-class-action-lawsuit/ Sun, 29 Dec 2019 02:04:00 +0000 https://www.thesandersfirmpc.com/?p=11837 FOR IMMEDIATE RELEASE New York Civil Rights Lawyer Eric Sanders, Esq., of The Sanders Firm, P.C., announces NYPD Police Officers Simone Teagle, Theresa M. Mahon, Melissa Soto-Germosen, Viviana Ayende and Elizabeth Ortiz have filed a landmark class action lawsuit claiming the legal rights of ‘nursing mothers’ are being disregarded NEW YORK, December 29, 2019 – …

The post NYPD ‘Nursing Mothers’ File Landmark Class Action Lawsuit appeared first on The Sanders Firm, P.C. | New York Civil Rights Lawyer.

]]>
FOR IMMEDIATE RELEASE

New York Civil Rights Lawyer Eric Sanders, Esq., of The Sanders Firm, P.C., announces NYPD Police Officers Simone Teagle, Theresa M. Mahon, Melissa Soto-Germosen, Viviana Ayende and Elizabeth Ortiz have filed a landmark class action lawsuit claiming the legal rights of ‘nursing mothers’ are being disregarded

NEW YORK, December 29, 2019 – Today, after more than twelve years of the NYPD failing to accommodate nursing mothers with ‘reasonable’ break times and a proper location to ‘express milk’ NYPD Police Officers Simone Teagle, Theresa M. Mahon, Melissa Soto-Germosen, Viviana Ayende and Elizabeth Ortiz have announced the filing of a landmark class action lawsuit claiming the legal rights of ‘nursing mothers’ are being disregarded.

Plaintiffs’ SIMONE TEAGLE, THERESA M. MAHON, MELISSA SOTO-GERMOSEN, VIVIANA AYENDE and ELIZABETH ORTIZ filed a landmark federal complaint on behalf of themselves and all other Rule 23 Class Members appointed to the Police Department City of New York (“NYPD”) who claim that since August 15, 2007, Defendant THE CITY OF NEW YORK through its agents Defendants’ MICHAEL RUBENS BLOOMBERG; BILL de BLASIO; MARTHA H. HIRST; EDNA WELLS HANDY; STACEY CUMBERBATH; LISETTE CAMILO; RAYMOND WALTER KELLY; WILLIAM JOSEPH BRATTON; JAMES PATRICK O’NEILL; DERMOT FRANCIS SHEA; TRACIE KEESEE; TANYA MEISENHOLDER and their agents have engaged in a pattern, practice and policy of failing and refusing to provide nursing mothers with reasonable accommodations such as return to work assignments, assignments conducive to their physical limitations, equipment changes or modifications, assignments to ensure their legal right to express milk during work hours is protected and a proper location to express milk.

According to Plaintiffs’ and the other Rule 23 Class Members since August 15, 2007, the NYPD through its agents Defendants’ MICHAEL RUBENS BLOOMBERG; BILL de BLASIO; MARTHA H. HIRST; EDNA WELLS HANDY; STACEY CUMBERBATH; LISETTE CAMILO; RAYMOND WALTER KELLY; WILLIAM JOSEPH BRATTON; JAMES PATRICK O’NEILL; DERMOT FRANCIS SHEA; TRACIE KEESEE; TANYA MEISENHOLDER and their agents failed to accommodate nursing mothers with properly fitted equipment such as shirts, pants, belts, protective ballistic vests, etc.

Additionally, Plaintiffs’ and the other Rule 23 Class Members allege that since August 15, 2007, the NYPD through its agents Defendants’ MICHAEL RUBENS BLOOMBERG; BILL de BLASIO; MARTHA H. HIRST; EDNA WELLS HANDY; STACEY CUMBERBATH; LISETTE CAMILO; RAYMOND WALTER KELLY; WILLIAM JOSEPH BRATTON; JAMES PATRICK O’NEILL; DERMOT FRANCIS SHEA; TRACIE KEESEE; TANYA MEISENHOLDER and their agents failed to protect nursing mothers’ permanent work assignments upon return from maternity leave, does not accommodate them negatively impacting their career opportunities and pension rights, failed to accommodate nursing mothers with work assignments conducive to ensure their physical and mental ability to care for themselves and their children and failed to ensure nursing mothers are active partners during the interactive process to accommodate their requests.  

Since August 15, 2007, the Plaintiffs’ and other Rule 23 Class Members allege that the NYPD Office of Equity and Inclusion and Internal Affairs Bureau fails to investigate allegations of pregnancy discrimination in the workplace.

Additionally, Plaintiffs’ and the other Rule 23 Class Members allege that the NYPD Personnel Bureau and Legal Bureau failed to ensure compliance with federal, state and local laws regarding the rights of nursing mothers rights in the workplace.

Plaintiffs’ SIMONE TEAGLE, THERESA M. MAHON, MELISSA SOTO-GERMOSEN, VIVIANA AYENDE and ELIZABETH ORTIZ and the other Rule 23 Class Members allege that since August 15, 2007, the NYPD through its agents Defendants’ MICHAEL RUBENS BLOOMBERG; BILL de BLASIO; MARTHA H. HIRST; EDNA WELLS HANDY; STACEY CUMBERBATH; LISETTE CAMILO; RAYMOND WALTER KELLY; WILLIAM JOSEPH BRATTON; JAMES PATRICK O’NEILL; DERMOT FRANCIS SHEA; TRACIE KEESEE; TANYA MEISENHOLDER and their agents are not in compliance with federal, state and local laws that protects nursing mothers legal rights in the workplace.  

The federal civil rights lawsuit was filed on December 23, 2019, in the United States District Court for the Eastern District of New York, Docket No.: 19 cv 7211.

“These brave women are to be commended for asserting the legal rights of nursing mothers in the workplace. For more than eleven years, the NYPD totally disregarded the law, ignoring the physiological and psychological needs of nursing mothers. Fortunately, the legislators decided it’s good public policy to protect the legal rights of nursing mothers in the workplace and we intend to hold the parties responsible for completely disregarding them,” says lawyer Eric Sanders.

ABOUT THE SANDERS FIRM, P.C.

The Sanders Firm, P.C. offers those in the New York City area legal services related and connected to civil rightscivil service rightscriminal law and discrimination. We firmly believe in everyone’s individual rights that are described and guaranteed by the Constitution of the United States of America. We understand that our freedoms and liberties are sacrosanct and that they have been won in many and various hard-fought battles. We are committed in every way to protecting your civil rights.

CONTACT

Eric Sanders, Esq.
President and Owner, The Sanders Firm, P.C.
Business Phone: 212-652-2782

Federal Class Action Lawsuit

New York Post

The post NYPD ‘Nursing Mothers’ File Landmark Class Action Lawsuit appeared first on The Sanders Firm, P.C. | New York Civil Rights Lawyer.

]]>
White Female NYPD Cop Racially Harassed Files Suithttps://www.thesandersfirmpc.com/white-female-nypd-cop-racially-harassed-files-suit/ Tue, 12 Nov 2019 10:06:47 +0000 https://www.thesandersfirmpc.com/?p=11811 FOR IMMEDIATE RELEASE New York Civil Rights Lawyer Eric Sanders, Esq., of The Sanders Firm, P.C., announces the filing of a federal lawsuit alleging that Police Officer Vanessa Weinbel was racially and sexually harassed by Lieutenant Rasheena S. Huffman her direct supervisor which was covered up NEW YORK, November 12, 2019 – Today, after several …

The post White Female NYPD Cop Racially Harassed Files Suit appeared first on The Sanders Firm, P.C. | New York Civil Rights Lawyer.

]]>
FOR IMMEDIATE RELEASE

New York Civil Rights Lawyer Eric Sanders, Esq., of The Sanders Firm, P.C., announces the filing of a federal lawsuit alleging that Police Officer Vanessa Weinbel was racially and sexually harassed by Lieutenant Rasheena S. Huffman her direct supervisor which was covered up

NEW YORK, November 12, 2019 – Today, after several years of racial and sexual harassment, NYPD Police Officer Vanessa Weinbel filed a federal lawsuit to suing the City of New York, Lieutenant Rasheena S. Huffman and several other supervisors for violating her civil rights.

Vanessa Weinbel, self identifies as a Caucasian female.

Ms. Weinbel alleges that on or about July 1, 2016, while working inside of Police Service Area No.: 9, in the Roll Call Office, her direct supervisor Lieutenant Rasheena S. Huffman (African-American) told her, she looks like a ‘Kardashian Chic’ and that’s why Black men like her.

According to the lawsuit, that from on or about July 1, 2016, through May 1, 2018, almost daily Huffman subjected her to similar racially and sexually offensive comments.

In one incident, according to the lawsuit, Huffman told Weinbel, “A White man stabbed a Black person just for being black and the only thing they hate worse than Black people are interracial relationships. They’re tired of seeing Black men with white women. So, you should consider yourself lucky because you probably would’ve been shot up first.”

In other incidents, Huffman told Weinbell, that: Black men date White women because they’re submissive, Black men date White women because they’ll remain loyal even if beaten and Black men date White women because they’ll remain loyal even if cheated upon.

Weinbel alleges, that from on or about September 1, 2017, through May 1, 2018, despite filing a complaint with the NYPD Office of Equity and Inclusion almost daily Huffman subjected her to similar racially and sexually offensive comments.

“Today, Ms. Weinbel filed a federal lawsuit to sue after several years of inaction regarding her civil rights. Her civil rights are no less important because she’s Caucasian. The Department, Huffman and the other actors must be held ‘legally accountable’ for their actions,’” said lawyer Eric Sanders.

Eric Sanders, Esq., of The Sanders Firm, P.C., filed the federal lawsuit in the United States District Court for the Eastern District of New York Docket No.: 19 cv 6386, on November 12, 2019.

ABOUT THE SANDERS FIRM, P.C.

The Sanders Firm, P.C. offers those in the New York City area legal services related and connected to civil rightscivil service rightscriminal law and discrimination. We firmly believe in everyone’s individual rights that are described and guaranteed by the Constitution of the United States of America. We understand that our freedoms and liberties are sacrosanct and that they have been won in many and various hard-fought battles. We are committed in every way to protecting your civil rights. We are your voice for justice!

CONTACT

Eric Sanders, Esq.
President and Owner, The Sanders Firm, P.C.
Business Phone: 212-652-2782

Read Federal Lawsuit

Read New York Post

Read NBC News

The post White Female NYPD Cop Racially Harassed Files Suit appeared first on The Sanders Firm, P.C. | New York Civil Rights Lawyer.

]]>
NYC DOE Fails to Accommodate ‘Nursing Mothers’: Claimshttps://www.thesandersfirmpc.com/nyc-doe-fails-to-accommodate-nursing-mothers/ Wed, 18 Sep 2019 15:55:00 +0000 https://www.thesandersfirmpc.com/?p=11831 FOR IMMEDIATE RELEASE New York Civil Rights Lawyer Eric Sanders, Esq., of The Sanders Firm, P.C., announces the filing of federal claims by Teacher Shannon O’Leary alleging that the NYC Department of Education disregards the legal rights of nursing mothers to ‘express milk’ NEW YORK, September 18, 2019 – Today, after repeatedly disregarding her legal …

The post NYC DOE Fails to Accommodate ‘Nursing Mothers’: Claims appeared first on The Sanders Firm, P.C. | New York Civil Rights Lawyer.

]]>
FOR IMMEDIATE RELEASE

New York Civil Rights Lawyer Eric Sanders, Esq., of The Sanders Firm, P.C., announces the filing of federal claims by Teacher Shannon O’Leary alleging that the NYC Department of Education disregards the legal rights of nursing mothers to ‘express milk’

NEW YORK, September 18, 2019 – Today, after repeatedly disregarding her legal right to ‘express’ milk,’ Mrs. O’Leary on behalf of herself and others similarly situated files a Notice of Claim with the New York City Comptroller’s Office and a Charge of Discrimination with the United States Equal Employment Opportunity Commission against the New York City Department of Education.

According to the claims, the New York City Department of Education failed and refused to provide her and other similarly situated female employees who are nursing mothers with a proper location to express milk.

O’Leary claims that under The Patient Protection and Affordable Care Act (P.L. 111-148, known as the “Affordable Care Act”) amended section 7 of the Fair Labor Standards Act (“FLSA”) to require employers to provide “reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to express the milk.”

Under the Affordable Care Act, employers are also required to provide “a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.” See 29 U.S.C. 207(r), says O’Leary.

Under the Affordable Care Act, the FLSA requirement of break time for nursing mothers to express breast milk does not preempt State Laws that provide greater protections to employees (for example, providing compensated break time, providing break time for exempt employees, or providing break time beyond 1 year after the child’s birth), according to the lawsuit.

O’Leary claims that under New York State Labor Law Section 206-c guarantees nursing mothers break time to pump breast milk at work.

According to the claims, the New York City Department of Education as an employer is required but, is not in compliance with the Affordable Care Act or New York State Labor Law Section 206-c.

O’Leary claims that the New York City Department of Education as an employer is required but, DOES NOT inform female employees who are nursing mothers returning to work following the birth of a child about their right to take unpaid leave for pumping breast milk by placing a public poster in the workplace, promulgate a policy within the workplace or employee handbook or notifying the individual female employees in writing.

O’Leary claims that on November 1, 2018, she returned from maternity leave to the Edwin Markham Intermediate School 51 located in Staten Island.

Since July 23, 2018, while assigned to the Edwin Markham Intermediate School 51 located in Staten Island, O’Leary claims that the New York City Department of Education have failed and refused to provide her and other similarly situated female employees who are nursing mothers with a proper location to express milk she has experienced severe engorgement, Mastitis, emotional distress and a significant reduction of her milk supply.

Additionally, the New York City Department of Education has failed and refused to provide her and other similarly situated female employees who are nursing mothers with a proper location to express milk she has to pump in an available bathroom, transgender student bathroom, empty classroom or other office area, according to the claims.  

On more than one occasion, O’Leary claims that while meeting with Principal Nicholas Mele and Assistant Principal Jesse Ann Pirraglia have told her “There are no areas available, do it in the bathroom.”

On other occasions, O’Leary claims that while expressing milk, co-workers and students interrupted her.

“The legislators decided it’s good public policy to protect the legal rights of nursing mothers in the workplace and with this and similar legal actions we intend to hold employers accountable for failing to follow the law,” said lawyer Eric Sanders.

ABOUT THE SANDERS FIRM, P.C.

The Sanders Firm, P.C. offers those in the New York City area legal services related and connected to civil rightscivil service rightscriminal law and discrimination. We firmly believe in everyone’s individual rights that are described and guaranteed by the Constitution of the United States of America. We understand that our freedoms and liberties are sacrosanct and that they have been won in many and various hard-fought battles. We are committed in every way to protecting your civil rights.

CONTACT

Eric Sanders, Esq.
President and Owner, The Sanders Firm, P.C.
Business Phone: 212-652-2782

Notice of Claim

New York Daily News

The post NYC DOE Fails to Accommodate ‘Nursing Mothers’: Claims appeared first on The Sanders Firm, P.C. | New York Civil Rights Lawyer.

]]>
Nurse Wins $255k Against Former Employer For Disregarding Right to ‘Express Milk’https://www.thesandersfirmpc.com/nurse-settles-lawsuit-against-former-employer-for-disregarding-right-to-express-milk/ Thu, 05 Sep 2019 11:49:00 +0000 https://www.thesandersfirmpc.com/?p=11824 FOR IMMEDIATE RELEASE New York Civil Rights Lawyer Eric Sanders, Esq., of The Sanders Firm, P.C., announces Nurse Tabetha T. Tyndale has settled her federal civil rights lawsuit for $255k after alleging Extended Managed Long Term Care disregarded her right to ‘express milk’   NEW YORK, September 5, 2019 – Today, after being terminated for …

The post Nurse Wins $255k Against Former Employer For Disregarding Right to ‘Express Milk’ appeared first on The Sanders Firm, P.C. | New York Civil Rights Lawyer.

]]>
FOR IMMEDIATE RELEASE

New York Civil Rights Lawyer Eric Sanders, Esq., of The Sanders Firm, P.C., announces Nurse Tabetha T. Tyndale has settled her federal civil rights lawsuit for $255k after alleging Extended Managed Long Term Care disregarded her right to ‘express milk’  

NEW YORK, September 5, 2019 – Today, after being terminated for asserting her legal right to ‘express milk’ Nurse Tabetha T. Tyndale announces the settlement of her federal civil rights lawsuit.

According to the lawsuit, while assigned to the New York Office her former employer Extended Managed Long Term Care failed and refused to provide her and other similarly situated female employees who are nursing mothers with a proper location to express milk.

Tyndale claims that under The Patient Protection and Affordable Care Act (P.L. 111-148, known as the “Affordable Care Act”) amended section 7 of the Fair Labor Standards Act (“FLSA”) to require employers to provide “reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to express the milk.”

Under the Affordable Care Act, employers are also required to provide “a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.” See 29 U.S.C. 207(r), says Tyndale.

Under the Affordable Care Act, the FLSA requirement of break time for nursing mothers to express breast milk does not preempt State Laws that provide greater protections to employees (for example, providing compensated break time, providing break time for exempt employees, or providing break time beyond 1 year after the child’s birth), according to the lawsuit.

Tyndale claims that under New York State Labor Law Section 206-c guarantees nursing mothers break time to pump breast milk at work.

According to the lawsuit, Extended Managed Long Term Care as an employer is required but, is not in compliance with the Affordable Care Act or New York State Labor Law Section 206-c.

Tyndale claims that Extended Managed Long Term Care as an employer is required but, DOES NOT inform female employees who are nursing mothers returning to work following the birth of a child about their right to take unpaid leave for pumping breast milk by placing a public poster in the workplace, promulgate a policy within the workplace or employee handbook or notifying the individual female employees in writing.

While assigned to the New York, Staten Island and Staten Island Satellite Offices, since March 2018, Extended Managed Long Term Care has failed and refused to provide her and other similarly situated female employees who are nursing mothers with a proper location to express milk she experienced severe engorgement, Mastitis, emotional distress and cessation of her milk supply, according to the lawsuit.

Tyndale claims that from March 4, 2018, through June 1, 2018, since Extended Managed Long Term Care has failed and refused to provide her and other similarly situated female employees who are nursing mothers with a proper location to express milk she had to express milk in-front of other employees, and other locations not suitable.

According to the lawsuit, on June 1, 2018, in retaliation for her complaints, Extended Managed long Term Care terminated her employment.

“The legislators decided it’s good public policy to protect the legal rights of nursing mothers in the workplace and we’re thrilled that Extended Managed Long Term Care has settled this matter,’” said lawyer Eric Sanders.

ABOUT THE SANDERS FIRM, P.C.

The Sanders Firm, P.C. offers those in the New York City area legal services related and connected to civil rightscivil service rightscriminal law and discrimination. We firmly believe in everyone’s individual rights that are described and guaranteed by the Constitution of the United States of America. We understand that our freedoms and liberties are sacrosanct and that they have been won in many and various hard-fought battles. We are committed in every way to protecting your civil rights.

CONTACT

Eric Sanders, Esq.
President and Owner, The Sanders Firm, P.C.
Business Phone: 212-652-2782

Read Federal Lawsuit

Read New York Post

The post Nurse Wins $255k Against Former Employer For Disregarding Right to ‘Express Milk’ appeared first on The Sanders Firm, P.C. | New York Civil Rights Lawyer.

]]>