Mother Fired From Ortley Beach Acme Over Breastfeeding: Lawsuit

TOMS RIVER, NJ — A Pemberton woman has filed a breastfeeding discrimination lawsuit against the Acme supermarket in Ortley Beach, alleging she was fired after she requested accommodations so she could pump breastmilk at work.

Jessica Rasmussen, 35, says in the lawsuit filed in state Superior Court in Ocean County on Jan. 21 that she was told she would have to go out to her car to pump breastmilk, after she returned to work in June 2020 after the birth of her baby.

A message seeking comment on Thursday from Albertson Companies, the parent corporation of Acme Market, was not returned as of 5 p.m.

Women who are breastfeeding must be provided reasonable accommodations to pump breastmilk at work under a 2018 amendment to the state's discrimination laws that added breastfeeding parents as protected from discrimination. The law requires that employers provide breaks and a private space for women to breastfeed or pump milk.

Rasmussen had worked in the deli at the Acme on Route 35 in Ortley Beach for three years, according to the lawsuit. The suit alleges her supervisor told her she would have to punch out, and inform the manager of where she was going and why. Rasmussen objected to the conditions. When she told her supervisor she was going out to pump, her supervisor said, "if you walk out to pump you don’t have a job," the suit alleges.

Rasmussen, who was concerned about the medical implications of not pumping, left the job.

A month later, the human resources department called Rasmussen and asked why she had not been to work. When she told human resources what happened, they asked why she was still breastfeeding, but rehired her and transferred her to stocking shelves, according to the suit.

Rasmussen was still required to pump breastmilk in the parking lot, however, the suit says.

On her first day back, Rasmussen was sent to the deli to work for the supervisor who fired her; she objected, but did as she was told. When she reached the deli, the department manager told her to go speak to the supervisor who had fired her the first time, the suit says.

He responded by saying "What the ---- do you want? I don’t want you working in my department! you cause me nothing but problems and I could’ve lost my job." He proceeded to verbally abuse her and to avoid mistreatment, she did not ask to pump, the suit says.

That night Rasmussen came down with mastitis, an infection of the breast tissue resulting from clogged milk ducts, and she missed two days of work, the suit says. When she returned, she was sent back to the same area as the supervisor who had harassed her and the verbal abuse increased, including calling her a tattletale and saying, "is your life so miserable that you have to try and ruin mine?" the suit says.

Rasmussen left work and reported the ongoing harassment to Acme's human resources department, but a week later received a letter telling her she was fired.

Rasmussen is seeking back pay with interest and damages.

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