A Grand Junction woman was fired from her job for breastfeeding at work, now she's suing them. So who is right and who is wrong?

Ashley Provino asked her employer, Big League Haircuts, to take a short break every four hours to pump breast milk in the back room of the salon. According to the ACLU, she was denied that request and her hours were cut.

According to Colorado Law, Ashley Provino, the breastfeeding mom in question is well within her rights. The State of Colorado recognizes and encourages mothers to breastfeed, in any place she has the right to be.

Colo. Rev. Stat. § 25-6-301 and § 25-6-302 (2004) recognize the benefits of breastfeeding and encourage mothers to breastfeed.  The law also allows a mother to breastfeed in any place she has a right to be.  (SB 88)

Colo. Rev. Stat. § 8-13.5-101 et seq. (2008) require an employer to provide reasonable break time for an employee to express breast milk for her nursing child for up to two years after the child's birth.  The employer must make reasonable efforts to provide a place, other than a toilet stall, for the employee to express breast milk in privacy.  The law also requires the Department of Labor and Employment to provide, on its website, information and links to other websites where employers can access information regarding methods to accommodate nursing mothers in the workplace. (2008 Colo., Sess. Laws, Chap. 106HB 1276)

So what gives her former employer Big League Haircuts the right to terminate her employment for breastfeeding when the law says she can do so?

That's what the lawyers with the ACLU of Colorado and the ACLU Woman's Rights Project will figure out.

But as they say, there are three sides to every story.

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