New mother, 30, sues medical supply company that rescinded her job offer when she asked if it could accommodate her breastfeeding during out-of-state training course
A woman from Maine is suing a medical supply company after a job offer was rescinded following a request that she be allowed to breastfeed her 10-month-old baby during a week long training course.
Siera Boucher filed a complaint against Community Surgical Supply in U.S. District Court in Bangor on Thursday following an investigation by the Maine Human Rights Commission, which backs her claims.
The company, with headquarters in New Jersey, provides patients with equipment and services for medical care at home.
Boucher, 30, from the town of Readfield near Portland, is a licensed respiratory therapist and had applied for the job through the website Indeed.com.
Siera Boucher, 30, secured a job with a medical supply company, Community Surgical Supply, who offered her role after two rounds of interviews
Before starting the job, Boucher, right, asked if she could take her mother and baby along to a week-long training course in Connecticut in order to breast feed
After completing two rounds of interviews and received a written job offer, Boucher was told that she would have to attend a training course in Connecticut.
At the time, with her baby not taking the bottle, she asked an HR representative if it would be possible for her mother to come with, in order to help with babysitting while she was in training sessions.
But instead of approving the request, HR told her that the job offer had been rescinded without offering any further explanation.
Lawyers for Boucher have since uncovered an internal email in which the company's director of operations wrote to the Indeed.com recruiter that offer had been withdrawn because 'we see too many red flags.'
The company CSS then rescinded Boucher's job offer citing 'too many red flags'
Boucher is now suing the company claiming sex discriminations
The director cited that Boucher 'called in to state that she could not travel out of state for training because she needed to care for her 10 month old child.'
Boucher has outlined her position in a statement through her lawyers in which she accuses the company of 'sex discrimination, retaliation and interference with the right to breastfeed.'
'I was excited to go work for CSS. I just had a few questions about attending the one-week training while continuing to feed my baby. The new job with CSS was a great opportunity for me and my family and we were committed to making it work, including attending the one-week training in Connecticut. But CSS never gave me the chance.'
After initially securing the job, Boucher asked an HR rep if she was eligible for a sign-on bonus that had been advertised on the company's website and whether the company would consider a $2 increase in the hourly wage according to the Portland Press Herald.
Although the bonus was said to have not been available, Boucher was told she could have her hourly increase after completing a 90-day probationary period.
'Unlike most Respiratory Therapist positions, the CSS position would allow Ms. Boucher to work a regular weekday schedule, which would enable her to spend more time with her young family,' the complaint details. 'The job at CSS would also afford Ms. Boucher a substantially higher pay rate than the job she held at the time.'
A previous investigation by the Maine Human Rights Commission found that the company was unable to prove that it did not discriminate against her
'The double standard here is unmistakable: men routinely ask questions about job offers with no penalty, but when Ms. Boucher politely asked about breastfeeding and pay, that was enough for CSS to revoke its job offer,' her attorney Carol Garvan said.
'This unequal treatment was not only unfair and bad for CSS's customers who were denied a very capable respiratory therapist, but it was also plainly illegal.'
In the investigation conducted by the Maine Human Rights Commission the report included the company's explanation: 'The event [in Connecticut] could not be moved or rescheduled, and it would not have been possible for the Boucher to attend via videoconference. In light of her questions, the company was worried Complainant would be unhappy with the company and decided to rescind her offer.'
The investigator also found that the Community Surgical Supply company were unable to prove that they did not discriminate against Boucher because she was a breastfeeding mother.
'It is not credible that CSS has never had a job candidate ask questions about pay or hours after receiving, but prior to accepting, a job offer. … Boucher accepted the job offer, which should have negated Manager and Director's concerns about hiring an unhappy employee,' the investigator wrote.
'Boucher has therefore also shown that but for her status as a breastfeeding mother, Respondent would not have rescinded the offer.'
Boucher has now returned to work at her previous job despite having resigned once before when she thought she had secured the new role with CSS.
No comments