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Would a nursing mother have a case if her rather large employer refuses to provide her with a sanitary and locked place to pump?

1 Answers. Asked on Jun 16th, 2017 on Labor and Employment - Indiana
More details to this question:
I am nursing mother and since day one my employer has refused to provide me with a clean, sanitary, mold free, and locked area to express milk. Complaints have been made to many managers as well as HR and still no solution. I was walked in on by a corporate manager, who now can not look me in the face, and when I complained they just laughed in my face. I've had tp pump in my vehicle in public because there is no where for me to go. I was told if I wanted a sanitary locked room to pump in I would need to find it and clean it on my own time. What would be my best option at this point? This is affecting my supply as well as me and my family mentally. Thank you for your time.
Answers Showing 1 out of 1
Answered on Jun 19th, 2017 at 4:54 AM

Dear Anonymous,

 

The Pregnancy Discrimination Act (PDA) is an amendment to Title VII of the Civil Rights Act of 1964.  Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII.  Women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees who are similar in their ability or inability to work.

The Affordable Care Act, P.L. 111-148 § 4207, amended section 7 of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 207(r), to require employers to provide nursing mothers with reasonable break time and a private space for expressing breast milk while at work. The new law reflects the reality that in today’s workforce, many women are combining caregiving responsibilities with work. The nursing mothers law will enable many of these women to continue breastfeeding their child after they return to work by ensuring that they have break time and a space for expressing milk while at work.The nursing mother break time requirement became part of the FLSA when the Affordable Care Act was signed into law in March 2010. 

If your employer is not complying with these laws, you should file a Charge of Discrimination with the United States Equal Employment Opportunity Commission (EEOC) which is the Federal agency that investigates and enforces compliance with these laws. If you have additional questions, you should contact an experienced employment attorney to discuss your rights.

Best,

Chip

 

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Labor and Employment
Labor and employment attorneys can help both employers and workers prevent, address and resolve a variety of issues related to the employer-employee relationship. Small business owners and managers should consult with employment lawyers when crafting employment policies (including those related to hiring, affirmative action, compensation, medical leave and sexual harassment); negotiating employment contracts, non-compete agreements and severance agreements; and resolving employment-related personnel disputes. Workers should talk to a labor and employment law firm before signing any job-related contracts and for help addressing issues related to discrimination, harassment, Americans with Disabilities Act (ADA) accommodations and Family and Medical Leave Act (FMLA) requests.
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