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Burgbacher v. Rocky Mountain Academy of Evergreen
ACLU CASE No. 2011-04
Description:
The ACLU of Colorado and the national ACLU Women’s Rights Project took the first steps towards filing a lawsuit against a Jefferson County public charter school that illegally fired teacher Heather Burgbacher for asserting her right to pump breast milk for her infant child while at work. The school refused to renew her contract because she stood up for her right to express milk for her newborn baby at work. That right is guaranteed by the Workplace Accommodations for Nursing Mothers Act, passed by the state legislature in 2008.
The ACLU also lodged a complaint with the Equal Employment Opportunity Commission alleging that RMAE’s termination of Ms. Burgbacher also violated federal laws that protect employees from sex discrimination, pregnancy discrimination, and retaliation for protesting such violations.
Attorneys:
- Galen Sherwin, Staff Attorney, ACLU Women's Rights Project
- Mari Newman
- Rebecca Wallace, ACLU of Colorado Staff Attorney



