Mom sues Lemieux Complex over breastfeeding
A former youth skating coach at the UPMC Lemieux Sports Complex in Cranberry Township filed a lawsuit Friday claiming she was fired because she needed breaks to pump breast milk for her child.
The Pittsburgh Penguins, who were named as defendants in the lawsuit along with Pittsburgh Community Rink Operating Group, which operates the rink along with the team, were quick to deny the allegations Monday.
Angela Gubala, who lives in Allegheny County and worked as a coach at the complex for more than four years, filed suit in the U.S. District Court for the Western District of Pennsylvania, claiming her termination in September 2019 was based on unlawful discrimination because of her sex, in violation of both federal and state civil rights laws, rather than for the performance-based issues the Penguins claimed.
According to the lawsuit, Gubala returned to work from maternity leave in September 2018 and was allowed two 15-minute lactation breaks a day, provided she contacted another employee to relieve her of her duties.
But Gubala claims the employees, named on a list the employer provided to her, wouldn't answer the phone or would refuse to relive Gubala so she could take a break; the lawsuit states others relieved her when she said she was going on a lunch break, but she was reprimanded for saying so.
When Gubala was able to take a lactation break, the lawsuit continues, she was met with “additional issues.” She often had to pump in a shower or bathroom stall, as no specific pumping area was designated, and more than once a male employee entered Gubala's makeshift pumping place.
She alleges that when she informed her supervisor of these concerns, her supervisor responded, “It is what it is.”
Gubala says she was met by discriminatory and retaliatory comments by others at the complex, with a human resources representative asking her, “Do you want to coach or do you want to pump?”
She was given a written warning regarding her job performance in April 2019 and was fired Sept. 13, 2019. The lawsuit says she was fired for poor job performance, but Gubala alleges in the lawsuit that reason is “pretextual and unworthy of belief.”
In a statement, Tracey McCants Lewis, deputy general counsel and director of human resources for the Penguins, said the reason for Gubala's termination was poor performance.
“This was an ongoing performance-related issue. We are reviewing the complaint and are confident that these allegations will be found to be untrue,” she said. “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.”
Gubala alleges that in a termination letter, the Penguins stated it was in part because Gubala couldn't find child care on short notice, so that she could work overtime.
“Plaintiff believes, and therefore avers, that she was discriminated against by the defendant for being female and having a young child,” the lawsuit states.
Gubala seeks reinstatement to the same or a similar position, back wages plus interest and compensatory and punitive damages.