Accommodations for Breastfeeding Under the PDA
Post-pregnancy worker rights in Georgia
By Judy Malmon, J.D. | Last updated on January 23, 2023Use these links to jump to different sections:
- Pregnancy Discrimination Not Allowed Under Title VII
- PDA Requires Similar Accommodations for Nursing Given Other Workers
Pregnancy Discrimination Not Allowed Under Title VII

PDA Requires Similar Accommodations for Nursing Given Other Workers
While it was pretty obvious that Hicks’ 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 workplace accommodations extend to breastfeeding employees. The U.S. Supreme Court has not addressed this issue, leaving it to circuits to interpret the law. See Hicks v. City of Tuscaloosa. To date, most courts have extended protection to breastfeeding workers, finding an inextricable connection between lactating and pregnancy (duh), 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 reasonable 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 provide light duty and a private place to nurse violated the PDA. If you or someone you know has encountered an unsupportive response from their employer on the basis of 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, discrimination and sexual harassment.What do I do next?
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