Breastfeeding Accommodation Laws: Know Your Rights and Fight for Fair Treatment

Hello, SUPERMOMS! Are you aware that choosing to breastfeed at work is not just a wholesome and organic decision for both you and your little one, but also a safeguarded privilege to pump breast milk at work? Federal law guarantees that working mothers who breastfeed and choose to pump at work are entitled to breaks and a clean, secure space to pump. Employers can’t discriminate against moms who choose to pump at work. Regrettably, too many employers continue to infringe upon the rights of working moms by depriving them of the necessary time and space to pump. If you think your rights have been violated, now is the time to stand up for yourself (and for your little one) and act. Continue reading to learn more about breastfeeding accommodation laws, and don’t forget to click on the forms if you need help!

Understanding Breastfeeding Accommodation Laws

Let’s dive in. There are laws protecting breastfeeding moms at both the federal and state level. At the federal level, we have the “PUMP for Nursing Mothers Act” also known as the “PUMP Act.” At the end of 2022, the President signed the PUMP Act into law.  This law requires employers to provide reasonable breaks and a clean, secure space (that is not a bathroom) for breastfeeding mothers to pump breast milk during their child’s first year. If you tell your employer that you need breaks and a private space to pump, and the employer fails to accommodate within 10 days, you can bring a lawsuit under the PUMP Act. Employers with fewer than 50 employees may be exempt if it causes undue hardship, but that’s a high bar to meet.

States have also stepped up to provide additional protections for breastfeeding mothers. Many states have laws that extend the coverage timeframe or expand workplace accommodations. To find out more about the laws in your state, visit your state’s labor department website, breastfeeding advocacy group websites, or contact an attorney.

Identifying Violations of Breastfeeding Accommodation Laws

Watch out for these common violations by employers:

  1. No private space: Employers must provide a non-bathroom space for pumping milk, shielded from view and free from intrusion.
  2. Inadequate break time: Breastfeeding mothers deserve reasonable breaks, as often as needed, to pump milk without feeling rushed.
  3. Retaliation or discrimination: Employers cannot retaliate against or discriminate against employees for pumping milk at work in any way, including termination, demotion, or harassment.

Gathering Evidence to Support Your Claim

If you have doubts about whether your employer is violating your breastfeeding accommodation rights, collecting proof is crucial. Consider taking these steps:

  1. Document everything: Keep a record of your requests for accommodation, your employer’s response, and any incidents of retaliation or discrimination.
  2. Take photos: If the designated pumping space is unsanitary or unsafe, take pictures to support your claim.
  3. Seek support from coworkers and healthcare professionals: Speak with other breastfeeding mothers at your workplace who may be experiencing similar issues. Their testimonies can strengthen your case. Also, talk to your doctor about your experience.
  4. Familiarize yourself with your state’s laws: Understand the breastfeeding accommodation laws in your state to know your rights.

When to Seek Legal Representation

If your employer hasn’t provided the necessary breastfeeding accommodations, you could be entitled to compensation. A lawyer can help you hold your employer accountable and protect your rights. The best part? Legal representation is usually free because lawyers often work on a contingency basis, meaning they only get paid if you do.

Think about these questions:

  1. Were you denied reasonable break times to pump milk?
  2. Did your employer fail to provide a private, non-bathroom space for pumping
  3. Did you experience any retaliation or discrimination for asking for time and space to pump?

If you answered “Yes” to any of these, you might have a valid claim and should consider speaking with an attorney.

Empowering Other Moms: How to Be an Advocate

You can also become an advocate for breastfeeding rights in your workplace by:

  1. Sharing information: Educate your coworkers about breastfeeding accommodation laws and their rights.
  2. Creating a support network: Connect with other breastfeeding moms in your workplace to share experiences, advice, and encouragement.
  3. Encouraging open dialogue: Discuss breastfeeding accommodations with your employer and work together to create a supportive environment for all breastfeeding mothers.

Ready to Take Action? Let’s Connect!

You have the right to pump at your workplace without the worry of discrimination or backlash. Know your rights and the laws that protect you from discrimination.

At Join Class Actions, we recognize the hurdles that working mothers face, and we’re committed to fighting for the rights of all workers, especially moms, to create a more just and equitable workplace for everyone. If you think your employer failed to provide you with the accommodations your need to pump at work, please contact us for a confidential and no-obligation consultation. We’ll work with you to understand your rights and discuss the options available to you. A quick phone call is all it takes to get started. That way, we can assess the strength of your case and let you know about the next steps. Alternatively, click the provided link, complete the form, and we’ll reach out to you. Together, we can help ensure that all breastfeeding moms have access to the accommodations and assistance they need and deserve.

REMEMBER: You have the right to voice your concerns and to be heard. Click on the link, fill in the form, and see if you’re eligible for legal representation.

There are no fees for representation, and our devoted team of attorneys is committed to assisting you throughout the entire process. Let’s fight for mothers’ rights and make the workplace better for all moms!

For more information on pumping in the workplace, check out the following link:

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