I Was Chided For ‘Expressing Milk,’ NYPD Cop Sues

FOR IMMEDIATE RELEASE

New York Civil Rights Lawyer Eric Sanders, Esq., of The Sanders Firm, P.C., announces NYPD Police Officer Simone Teagle Files $5 Million Dollar Notice to Sue Chided For ‘Expressing Milk’

NEW YORK, October 8, 2018 – Today, after months of being chided for ‘expressing milk’ NYPD Officer Simone Teagle files $5 Million Dollar Notice to Sue with the New York City Comptroller’s Office, prelude to a federal civil rights lawsuit.

According to the claim, while assigned to the 113^th Precinct, since February 2018, the City of New York Mayor Bill de Blasio, Commissioner Lisette Camilo (Department of Citywide Administrative Services) Police Commissioner James P. O’Neill and Commanding Officer 113^th Precinct Inspector Jerry O’Sullivan has failed and refused to provide her and other similarly situated female employees who are nursing mothers with a proper location to express milk.

Teagle 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 Teagle.

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 claim.

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

Teagle claims that the City of New York 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 NYPD Patrol Guide or other employee handbook or notifying the individual female employees in writing.

While assigned to the 113^th Precinct, since February 2018, Teagle claims that the City of New York Mayor Bill de Blasio, Commissioner Lisette Camilo (Department of Citywide Administrative Services) Police Commissioner James P. O’Neill and Commanding Officer 113^th Precinct Inspector Jerry O’Sullivan 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 now suffers from severe engorgement and Mastitis, according to the claim.

Teagle claims that from April 19, 2018, through September 17, 2018, since the City of New York Mayor Bill de Blasio, Commissioner Lisette Camilo (Department of Citywide Administrative Services) Police Commissioner James P. O’Neill and Commanding Officer 113^th Precinct Inspector Jerry O’Sullivan 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 express milk in-front of other female officers, she has to pump in a female bathroom, she has to pump in the female locker room, she has to express milk inside of her personal vehicle and store the expressed milk in a lunchbox inside of her personal vehicle.

According to the claim, on September 17, 2018, in retaliation for her complaints, Commanding Officer 113^th Precinct Inspector O’Sullivan summarily transferred her from the 113^th Precinct to another department facility.

“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,’” 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 rights, civil service rights, criminal 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.