Over accommodating mother
In the meantime, labor attorneys at Alston & Bird suggest that you work with nursing mothers to accommodate their needs by providing time, a private space, and a supportive work climate.
Employers will experience the most difficulty with providing a space that meets requirements.
Supervisors first told her to pump in a bathroom, she says, and after she protested, they suggested alternatives that also failed to meet federal requirements.
Bockoras agreed to use a locker room but says it was covered in dirt and dead bugs and lacked air conditioning.
Bockoras says her previous dayshift schedule has since been reinstated and that the locker room where she still pumps has been cleaned.
Does breastfeeding discrimination equal pregnancy discrimination? Under the ACA provision, which amends the Fair Labor Standards Act, companies are required to provide “reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth” and “are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion.” The provision also prohibits retaliation by companies when employees file complaints.
Prior to the ACA, nursing mothers who wanted to pump at work had few rights.
An employer could refuse to allow a woman to express milk at work or fire her for doing so.
While breastfeeding activists, or “lactivists,” welcomed the ACA provision, they also identified drawbacks.
The provision only applies to companies who employ 50 workers or more, and only protects hourly workers, not salaried ones.
Forty-five states, the District of Columbia, and the Virgin Islands have laws that specifically allow women to breastfeed in any public or private location.