Breastfeeding Accommodations in the Workplace

Recent federal laws have expanded protections for employees who are pregnant or nursing. Here is what you need to know about your employee rights and when to seek legal help.

Federal Law Requires Reasonable Accommodations for Pregnant Workers

The Pregnancy Discrimination Act of 1978 (PDA) amended the concept of gender-based discrimination under Title VII of the Civil Rights Act to include “pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions.”

However, in prohibiting pregnancy discrimination, the PDA did not require specific accommodations for pregnant workers. It only required that pregnant employees receive the same types of reasonable accommodations that were given to other employees with non-pregnancy-related conditions.

The Pregnant Workers Fairness Act (PWFA), enacted in December 2022, went beyond the PDA to affirmatively require that covered employers provide reasonable accommodations for an employee’s known limitations related to pregnancy, childbirth, or related medical conditions. What is considered a reasonable accommodation is always fact-specific but could include light duties or breaks for pregnant workers.

New Federal Law Extends Lactation Accommodation Policies

The Fair Labor Standards Act (FLSA) is a federal law that requires employers to provide employees with reasonable break times and a private place other than a bathroom or toilet stall to express breast milk.

However, the FLSA’s protections only apply to non-exempt employees. In December 2022, Congress passed and President Biden signed the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP for Nursing Mothers Act). The PUMP Act extended the FLSA’s protections beyond non-exempt employees to cover all employees. It requires break times and a private location in close proximity to the employee’s work area for employees to express milk.

The PUMP Act applies to employers with 50 or more employees. Employers with fewer than 50 workers aren’t required to comply if accommodation requests would cause an undue hardship. The PUMP Act doesn’t require employers to compensate break time for nursing mothers. However, employees who use break times to pump must be compensated in the same way as employees who use break periods for other purposes. The PUMP Act’s protections last for one year from a child’s birth. The law is enforced by the U.S. Department of Labor (DOL).

If an employer violates an employee’s rights under the PUMP Act, the employee may seek legal remedies for lost wages, reinstatement, or additional damages.

Find Experienced Legal Help

Federal lactation accommodation laws set the baseline, and state laws can go beyond them to provide more robust accommodations for employee needs. If you have experienced pregnancy-related workplace discrimination or your employer refuses to provide reasonable accommodations, reach out to an employment law attorney in your area who understands both federal and state protections.