Seattle Public Schools Sued for Pregnancy and Breastfeeding Discrimination

Overview

The Washington Attorney General has sued Seattle Public Schools for discriminating against pregnant and breastfeeding employees. This calls attention to the legal obligations employers have under state law and the federal PUMP Act. This article explains the legal protections in place for nursing and pregnant workers, and how Miller Shah LLP helps employees assert their rights when those protections are ignored or violated.

Seattle Public Schools Lawsuit

The Washington State Attorney General’s Office has filed a lawsuit against Seattle Public Schools because their practices did not allow for appropriate and necessary accommodations for pregnant and nursing employees. The Attorney General’s Office had conducted an investigation in the public schools and found that pregnant and nursing employees were not being provided adequate accommodations such as flexible bathroom breaks, work schedules, the ability to sit down more often, reasonable break time for expressing milk or cleaning, and private locations to let them pump. It was revealed that there were simply no district-level policies in place to address accommodation requests, which affected many employees in different schools. This lawsuit alleges that retaliation by the school board occurred if an employee sought accommodations for themselves and would then find that they received negative performance reviews, be reprimanded for having appointments, lose the ability to be in their preferred classroom assignments, and be left unpaid, or without benefits. The school district’s actions have taken a significant toll on these employees, and they have failed to resolve these concerns with the Attorney General’s office. As a result, the office decided to file a lawsuit against Seattle public schools for their discriminatory practices and to recover damages on behalf of impacted employees.

Breastfeeding Discrimination Protections

State Laws

Washington Law Against Discrimination (WLAD)

This law generally protects all individuals, including pregnant and nursing women, from unfair practices by their employers. This includes the refusal to hire, discrimination, discharge, or barring an individual due to their age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, veteran or military status, disability, and more. This loosely implies that all pregnancy-related conditions are protected under the broader category of sex discrimination, which makes it unlawful for employers to deny them access to workplace accommodations.

Pregnancy and Breastfeeding Accommodations (Healthy Starts Act)

This Act protects pregnant employees and pregnancy-related health conditions, which include health conditions during and after pregnancy like breastfeeding and expressing milk. If an employer has 15 or more employees, a pregnant employee is entitled to the following reasonable accommodations:

• Frequent, flexible, and longer bathroom breaks
• Modifying a no food or drink policy
• Sitting more frequently or providing seating
• Refraining from lifting more than 17 pounds

If there are no significant difficulties or expenses to the employer, a pregnant employee may have rights to these workplace accommodations:

• Job restructuring, which includes modifying a work schedule, job reassignment, changing a workstation, or providing equipment
• Temporary transfer to a less strenuous or hazardous position
• Scheduling flexibility for prenatal visits
• Reasonable break time for expressing milk and providing a private location for this

Federal Laws

Fair Labor Standards Act (FLSA) — As amended by the PUMP Act (2022)

The FLSA mandates employers to provide reasonable break time accommodations and a private space for pregnant or nursing employees to express breast milk for one year after the child’s birth. The “Pump Act” expanded these rights to more nursing employees, such as agricultural workers, nurses, teachers, truck and taxi drivers, home care workers and managers.

Title VII of the Civil Rights Act (as amended by the Pregnancy Discrimination Act)

This act, as amended, states that discrimination based on pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination. Women affected by such conditions are subject to the same treatment and manner as other employees or applicants with similar abilities or limitations.

Pregnant Workers Fairness Act (PWFA)

Covered employers are required to provide reasonable accommodations to an employee’s known limitation related to pregnancy, childbirth, or related medical conditions, unless it will cause undue hardship for the employer.

Americans with Disabilities Act (ADA)

This act prohibits discrimination against an applicant or employee based on disability. While pregnancy itself is not a disability, the conditions or impairments that may occur as a result of pregnancy, such as diabetes, qualify as a disability. Therefore, those individuals are subject to reasonable accommodation.

Protecting Workers’ Rights During Pregnancy, Maternity Leave, and Nursing

If you feel that an employer is discriminating or failing to provide reasonable accommodations because of your pregnancy or nursing status, Miller Shah can help you through this process. Miller Shah specializes in employment discrimination litigation, which includes defending legal action relating to pregnancy, maternity leave, or family leave. Our employment law attorneys have litigated many discrimination claims in state and federal courts.

For information about your rights or our results in employment litigation, contact Miller Shah online or call 866-540-5505 to arrange a consultation.

What Steps You Should Take

• Keep a detailed record of all evidence that supports your claim

• Familiarize yourself with the state and federal protections listed above

• You may try to seek an internal resolution through HRIf this does not work: 

• File a charge of discrimination within the Equal Employment Opportunity Commission (EEOC) if there are violations of federal law

• File a complaint with your state government about violations of state law

• Seek legal counsel with an employment attorney to help guide you through the process