Breast milk is the most perfect food for infants, especially during the first 6 months of life. Breast milk provides babies with nutrients and antibodies that can lower their risk of type 1 diabetes, asthma, obesity, and sudden infant death syndrome (SIDS). That’s why nursing is endorsed by the World Health Organization, UNICEF, and pediatricians in general. Thankfully, we’ve come to recognize that women shouldn’t have to choose between their jobs and giving their babies the best start in life. Workplaces have a legal obligation to accommodate women who need to express their breast milk during the day. Unfortunately, some employers refuse to comply with the state’s lactation accommodation laws. If you are being denied time and facilities as a breastfeeding mother, there are legal actions you can take against your employer. To guide you through this challenging phase in your life, we will cover the following topics:
- What steps do I take if I was denied my right for accommodations for breastfeeding in the workplace?
- I was terminated after filing a complaint for lack of breastfeeding support in the workplace. What can I do?
- What is the average value of these cases if I file a lawsuit?
- How long does it take for these cases to settle?
We hope you’ll find this information helpful, but keep in mind that it should only be used for general purposes. Your case has its own set of factors that you will need to discuss with a breastfeeding in the workplace lawyer. To learn about the legal options that are available to you, contact the Employment Attorneys Group and schedule a free consultation.
What are my Rights in the Workplace if I Need Breastfeeding Accommodations?
As a breastfeeding mother, you are legally entitled to “lactation breaks” for the purpose of pumping milk. There is no specific amount of breaks an employer has to give you, nor is there a set amount of time for each break. Employers generally rely on the mother’s pediatrician, who can advise how often and for how long the mother should express her milk. We also recommend having an honest conversation with your employer so that you’re both on the same page regarding your lactation needs. In general, most employers provide around 15 to 20 minutes for a lactation break, but women may need more time in the beginning when they’re still getting used to pumping.
In addition to lactation breaks, your employer must provide you with appropriate accommodations. According to California’s labor laws, lactation facilities in the workplace must meet the following conditions.
- A room other than a bathroom, or space that can be shielded from public view.
- The room or space must be clean and free of hazards.
- The room must have electricity and enough room for the mother to sit comfortably.
- There must be a place / counter for the worker to place bottles and other supplies.
- The worker must have access to a sink and a cooler / fridge to store her breast milk.
Are you being denied lactation time and facilities by your employer? If so, speak to a failure to provide accommodations for breastfeeding at work lawyer right away. We can fight for your rights, including monetary compensation if you were demoted or fired after requesting breastfeeding accommodations.
What should I do if I am Denied Lactation Breaks and Facilities?
If your supervisor or manager won’t cooperate with your lactation needs, you’ll need to file a complaint with your Human Resources department. HR personnel have the most familiarity with the state’s lactations accommodation laws, so they are likely to take your complaint seriously. Your HR manager should advise your employer of your rights and ensure that you are provided the time and space to pump your milk.
Unfortunately, some women find themselves at the mercy of corrupt or ignorant HR managers. When these people fail to do the right thing, employers will take that as permission to discriminate or retaliate against the breastfeeding mother. Retaliation can take various forms, including demotions, pay cuts, and being excluded from meetings and projects. In the worst case, an employee may be fired for asserting her right to breastfeeding accommodations.
What if I was Fired after Filing a Complaint for Lack of Lactating Support in the Workplace?
If you’ve been terminated after filing an HR complaint for lack of breastfeeding accommodations, there are several options to help you recover your losses.
- File a wage claim to receive 1 hour of pay for each breastfeeding in the workplace violation committed by your employer.
- File a discrimination / retaliation complaint to fight back against your termination after asking for breastfeeding accommodations.
- File a labor law violation complaint with the Bureau of Field Enforcement. If they find your employer in violation of state laws, they may be fined $100 for each day you were denied lactation breaks and facilities.
- File a lawsuit for your financial and emotional damages, including lost wages, back pay, medical bills, and emotional trauma.
There are specific steps and timelines that have to be followed for each of the procedures, so please make sure to speak to one of our attorneys. Mistakes or missed deadlines are costly, and may invalidate your right to monetary compensation. To protect your rights and determine the best course of action for your claim, contact our office as soon as you can.
How much can I Receive from a Lawsuit for Failure to Provide Lactation Support?
The amount you can receive from a breastfeeding discrimination lawsuit depends on the value of your losses, which may include back pay, lost wages, medical expenses, and emotional distress. Thus, there is no universal number that we can apply to each case. However, we can get an idea of possible settlements by looking at previous lawsuits filed by working mothers. Consider the following examples:
- $22,000 for a woman who was forced to quit her job due to her employer forcing her to pump milk in a parking lot that’s accessible to the general public.
- $195,000 for a mother who faced retaliation from her employer when she asked for breastfeeding accommodations. She was eventually fired for turning down a two week overseas assignment because she had just had her baby.
- $1.5 million for a plaintiff who was harassed at work for taking lactation breaks, and was denied appropriate facilities for expressing breast milk.
- $3.8 million for a woman who had problems producing milk due to workplace discrimination, including being told she was “not fit for duty” as a firefighter due to lactation breaks.
As you can see, these plaintiffs were successful in recovering substantial compensation from their lawsuits. Bu these are only examples that may not reflect the amount of your own losses. To figure out what you could receive in a lawsuit for breastfeeding support in the workplace, contact our office and speak to one of our attorneys.
What is the Average Length of Time to Settle a Lawsuit for Workplace Breastfeeding Accommodations?
The amount of time it takes to settle these cases depends on many factors, some of which are beyond our control. Initially, you’ll need to ask for a hearing with the Labor Commissioner’s Office, which is supposed to happen within 120 days after the filing of your complaint. Realistically, it can take longer than 120 days to receive a hearing date, as state agencies are overloaded with cases. The agency has always been busy, but things got worse during COVID, and now there’s a substantial back log of hearings that have yet to be scheduled.
Ideally, your employer will work with you before the hearing date and make you a fair settlement offer. Going to a hearing is costly and time consuming for employers, so it’s better for everyone if you can negotiate a settlement. If negotiations are successful, you may be able to resolve your case in just a few months. However, we know from experience that the majority of these cases proceed to a hearing. If so, it may take a year or more to receive compensation for your losses. If the hearing doesn’t go in your favor, your only option is to file a lawsuit, which is fairly common with cases of failure to provide breastfeeding accommodations.
Once you proceed with a lawsuit, it could take a year or more to settle your case. Lawsuits are undoubtedly complicated, as there is much work to be done before a case is ready for trial. During this time, we will continue to reach out and attempt to achieve a settlement before the trial date. Most likely, you will meet with the other side for mediation and come to an agreement with help from a certified mediator. If that process doesn’t work, we will proceed with a trial, which can take anywhere from a few days to a few months.
Our Zero Fee Guarantee
Mothers have enough to deal with when it comes to balancing work and family life. When they’re met with harassment and retaliation for asserting their right to breastfeeding accommodations, it can be physically and emotionally debilitating. No woman should have to be in fear of losing her job or being demoted to a lower position or pay grade simply for demanding what she is legally entitled to. Unfortunately, enough employers violate the rights of breastfeeding mothers and think that they can get with it.
Our lawyers are here for you as a victim of breastfeeding in the workplace discrimination. Denial of lactation accommodations hurts both the mother and child, and we will fight tirelessly to ensure the rights of you and your baby. As for our legal fees, you won’t have to worry about, since we work under a Zero fee guarantee. There are no costs to you for any of our services, as our fees are factored into your settlement award. We only get paid if you get paid, so if we lose your case, you owe us nothing at all.
There’s nothing to lose, so call California Labor Law Employment Attorneys Group and schedule a free consultation.
