Nike Hit With Class Action Suit For Allegedly Failing To Support Nursing Mothers

A month after settling its trademark infringement lawsuit, Nike is facing yet another legal drama over their labor practices.

A former employee recently slammed the athletic footwear and apparel corporation in a class action lawsuit. In the court documents obtained by The Blast, the plaintiff accused Nike of allegedly violating several labor codes that cater to postpartum and nursing mothers.

A woman named Fantasia McDonald brought the case against Nike to light. From October 2022 until her termination on March 8, 2024, she worked as a department manager at one of the brand’s factory outlets.

McDonald claimed she started having issues with the Nike branch over her responsibilities as a nursing mother. She had requested time and a private space to pump breast milk for her child; however, the corporation refused to provide a conducive environment.

Instead, McDonald alleged that Nike heads gave her three insensitive locations to pump her milk: the manager’s office, her car, or the bathroom.

These options were terrible for the mother, who noted that the manager’s office lacked privacy due to several cameras and easy access to other employees.

Additionally, the plaintiff couldn’t pump milk in her car because it didn’t have tinted windows and lacked the necessary outlets. The same could be said about the bathroom, which lacked privacy and was frequently unavailable.

McDonald stressed that she couldn’t use Nike’s options and was forced to drive ten minutes to a friend’s house to pump milk on her lunch break. This situation left the plaintiff distraught as Management refused to allocate extra time for her pumping sessions.

They allegedly told McDonald to pump milk during her meal or rest periods. However, the need to pump often required time outside these schedules, but the nursing mother’s pleas were dismissed.

The plaintiff claimed that when she asked to pump outside her scheduled break, Management denied her request and accused her of setting a “bad example” for her subordinates.

As a result, McDonald had to relieve the pressure of her engorged breasts in the bathroom sink while she was at work. She also claimed that Management constantly monitored her bathroom breaks.

McDonald’s lamentations didn’t end at the alleged hostile environment. She claimed that because Nike didn’t cater to the needs of nursing mothers, she had to store her pumped breast milk in the break room’s fridge.

However, the fridge was used by other employees to store their lunches. Some of these workers allegedly threw McDonald’s milk out despite having her name on the bottles.

The stress of failing to pump her breast milk and rushing to relieve the pressure of her engorged breasts in the bathroom consequently reduced the milk supply for McDonald’s child.

Following the incident, the plaintiff claimed she was forced to stop breastfeeding her child in or about February 2024. McDonald stated that she wasn’t the only victim, as female employees in similar situations suffered the same mistreatment.

McDonald stressed that Nike’s failure to comply with California labor codes has significantly impacted her and other breastfeeding employees. She slammed the company for failing to support nursing mothers, writing:

“Defendant’s practices forced those mothers into making the unimaginable choice between utilizing demeaning, invasive, and unsanitary spaces to express milk or abandoning pumping and breastfeeding altogether.”

Given her alleged mistreatment, McDonald is suing Nike for damages and injunctive relief. She also wants to battle it out against the famous brand in a jury trial, stating that she will prove they violated several labor codes with their unfair practices.

A month before Nike’s latest legal drama, the athletic company announced it had settled its infringement lawsuit against Bape, a Japanese streetwear brand. The duo butted heads in January 2023 over accusations about the latter’s famous Bape collection.

Nike accused Bape of ripping off its iconic designs, such as Air Force 1 and Dunk. In the lawsuit, Nike claimed the Japanese brand “drastically increased its infringement of Nike’s trademarks” since the early 2000s.

Bape seemingly couldn’t defend against the infringement claims as Nike emerged victorious. In a statement to Complex, the athletic brand proudly announced, “The lawsuit has been resolved through an amicable resolution.”