CALIFORNIA – After resolving a trademark infringement dispute, Nike finds itself once again under legal scrutiny due to accusations regarding its unfair labor practices. A former employee, Fantasia McDonald, has filed a class action lawsuit against the renowned athletic footwear and apparel corporation, alleging violations of labor codes protecting recent and lactating mothers.
McDonald, who worked as a department manager at a Nike store from October 2022 until her termination in March 2024, alleges that the company failed in its responsibilities towards her as a lactating mother. Despite requesting a suitable space and time to express breast milk, Nike allegedly offered inadequate options such as the manager’s office, her car, or the restroom.
The alternatives provided by Nike were deemed unacceptable by McDonald. The lack of privacy in the manager’s office, the lack of resources in her car, and the unsanitary conditions in the restroom left the lactating mother with no viable options. This forced her to drive ten minutes to a friend’s house during her lunch break to express breast milk, which was distressing as management refused to allocate additional time for these activities.
In addition to denying adequate conditions for expressing milk, McDonald claimed that Nike management pressured her not to express milk during her meal or rest periods, resulting in a decreased milk supply for her child. She was even forced to relieve the pressure of her engorged breasts in the restroom while at work, under constant supervision from management.
Nike’s failure to comply with California labor codes has had a significant impact on McDonald and other lactating employees. McDonald has filed a lawsuit for damages and injunctive relief, seeking to confront Nike in a jury trial to prove that the company violated labor codes with its unfair practices.
This legal controversy is not the first for Nike. Recently, the company settled a trademark infringement dispute with the Japanese urban clothing brand Bape. Nike accused Bape of copying its iconic designs such as the Air Force 1 and Dunk. The amicable resolution of this dispute was announced in January 2023, once again demonstrating Nike’s willingness to defend its interests in the legal arena.
