Understanding Breastfeeding Discrimination in the Workplace

Federal Protections

• Pregnancy Discrimination Act (PDA): Prohibits discrimination based on pregnancy, childbirth, or related medical conditions, including lactation.
• Fair Labor Standards Act (FLSA): Requires covered employers to provide reasonable break time and a private space, other than a bathroom, for expressing breast milk for one year after childbirth.Providing Urgent Maternal
• Protections for Nursing Mothers Act (PUMP Act): Expands FLSA protections to cover more workers, including many previously excluded employees, and extends the right to pump breaks for up to one year after childbirth. Creates a private cause of action for impacted workers.

Examples of Breastfeeding Discrimination

• Denying break time or access to a private space for pumping.
• Penalizing employees for taking lactation breaks.
• Harassing employees because of their lactation needs.
• Demoting or terminating an employee after requesting lactation accommodations.
• Refusing to hire applicants who are breastfeeding or have recently given birth.

Evidence can include:

• Written or verbal denials of pumping requests.
• Disciplinary actions following lactation accommodation requests.
• Harassing comments or treatment related to breastfeeding.
• Witness testimony from coworkers.
• Documentation showing that comparable accommodations are granted for other medical needs.

Remedies may include:

• Reinstatement to a former position.
• Injunctive relief against discriminatory behavior.
• Back pay for lost wages and benefits.
• Compensatory damages and potential punitive damages against private, no-governmental, employers.
• Attorneys’ fees and litigation costs.
• Court orders requiring employers to provide compliant accommodations.

Employers can reduce risk by:

• Implementing policies that comply with federal and state lactation accommodation laws.
• Training managers on legal requirements for supporting nursing parents.
• Providing accessible, private pumping spaces.
• Establishing complaint procedures for reporting discrimination.

Miller Shah LLP is prepared to evaluate and pursue breastfeeding discrimination matters on behalf of individuals who have experienced unlawful treatment related to lactation needs. The firm’s attorneys are equipped to analyze applicable federal and state laws, assess potential claims, and advocate for appropriate remedies.