Fired for breastfeeding? Pens employee files lawsuit

A woman who ran the youth skating program at a Cranberry rink run by the Pittsburgh Penguins has sued the team and an affiliate over breastfeeding.

Angela Gubala, who had been the coordinator for youth skating at the UPMC Lemieux Sports Complex until last year, alleged in her federal complaint that managers at the rink retaliated against her because she needed breaks to pump breast milk at work.

At one point, according to her suit, a human resources manager asked her, “Do you want to coach or do you want to pump?”

She said the organization fired her in September 2019 on

the pretext of poor work when the real reason was the team’s refusal to accommodate her needs as a new mother.

The suit names the Penguins and Pittsburgh Community Rink Operating GP, which operates the rink in partnership with the team.

Ms. Gubala was hired in 2015 and in 2018 returned to work after maternity leave. She told managers she had to pump twice a day and they said she could during two 15-minute breaks. She was supposed to ask others at the complex to cover for her during the breaks but she said they frequently refused or didn’t respond. One male employee hung up on her when she asked him to relieve her, she said.

She told management but nothing changed, according to the suit. She then asked other employees to cover for her on her lunch break with the intention of pumping then.

She said her boss, Kara Radeke, said she wasn’t allowed to take her lunch break at the time she requested.

Ms. Gubala also said that the complex didn’t provide any lactation space for her, so she ended up pumping in a shower or bathroom stall using a trash can for a table.

In April 2019, the organization warned her about her job performance in a written notice that she said was full of inaccuracies.

She was fired in September. The reason listed, she said, was bad performance and an allegation that she couldn’t find childcare on short term notice so was unable to work overtime.

Ms. Gubala said the true reason was the lactation breaks.

“This was an ongoing performance-related issue,” said Tracey McCants Lewis, deputy general counsel and director of human resources for the Penguins, in a statement. “We are reviewing the complaint and are confident that these allegations will be found to be untrue. We are committed to providing a workplace where all individuals are respected and given a full and fair opportunity to succeed. That has always been the case here.”

Ms. Gubala said in the suit that she was “discriminated against by the [Penguins] for being female and having a young child.”

The suit raises claims of sex discrimination, retaliation and violation of the Pennsylvania Human Relations Act and is asking for Ms. Gubala to be reinstated with back pay and lost benefits.

Ms. Gubala declined a request for an interview.