Are Lactating Employees Afforded Special Accommodations?
Breastfeeding Discrimination Liability in Florida
By Judy Malmon, J.D. | Last updated on January 23, 2023Use these links to jump to different sections:
Despite numerous laws against employment discrimination, as well as expanding awareness of employee rights, certain practices persist. In 2012, a police officer in Tuscaloosa, Alabama faced harassment and discrimination on her return to work after having a baby. In the end, her case provided an opportunity for the Eleventh Circuit (which governs Alabama, Florida and Georgia) to clarify what constitutes gender-based pregnancy discrimination.Discrimination Based on Pregnancy Prohibited

Is Lactating Covered By the PDA?
While it was pretty obvious that her employer had violated the FMLA provisions affording all employees up to 12 weeks of unpaid leave for maternity leave without fear of reprisal, what was less clear was whether PDA accommodations extend to breastfeeding employees. The U.S. Supreme Court has not addressed this issue, leaving it to circuits to interpret the law. To date, most courts have extended protection to nursing mothers, finding an inextricable connection between lactating and pregnancy, and therefore precluding employment-related bias. But this case took the issue further, stating that while lactating employees are not entitled to ‘special’ accommodations, they are, per the PDA, entitled to accommodations that would be afforded someone with a similar limitation for another reason. In the Hicks case, the court found that the Tuscaloosa Police Department’s failure to make reasonable efforts to provide light duty, lactation breaks and a private space to nurse or breast pump violated the PDA. Most private companies are implementing a lactation accommodation policy and how employees should make an accommodation request. If you or someone you know has encountered an unsupportive response from their employer to pregnancy, nursing or other reproductive-related condition, talk to an experienced employment law attorney. For more information about this area, see our overviews on employment law for employees, sexual harassment and discrimination.What do I do next?
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