No, your employer cannot demote you because of your need to pump breast milk at work. By demotion, we are talking about a forced reassignment to a role that is of lower rank than your current position. This is likely to result in lower pay, less privileges and work opportunities, and loss of respect among your coworkers.
Getting demoted at work can be demoralizing, especially if you are pregnant and already facing challenges that come with hormonal imbalances and physical restrictions. However, you can take legal action against your employer if you were demoted on the basis of pregnancy discrimination. If you were fired after or in place of a demotion, you can also explore the option of filing a wrongful termination lawsuit.
Legal Protections for Lactating Mothers
As someone with a baby, it can be difficult to balance the needs of your child with everything that needs to get done at work. This includes your baby’s need for breast milk and your need to express that milk during the day.
Title VII of the Civil Rights Act prohibits sex discrimination, including discriminatory conduct against pregnant employees. Employers are also forbidden from discrimination against women who have just given birth or need certain accommodations based on pregnancy and childbirth. These and other protections are guaranteed under the Pregnancy Discrimination Act, which is an amendment to the Civil Rights Act.
When it comes to your breastfeeding rights in the workplace, you are protected by the Nursing Mothers Provision of the Fair Labor Standards Act (FLSA). This law requires employers to allow reasonable time / breaks during the day for the purpose of expressing break milk, for a period of up to 1 year following childbirth. Employers must also provide a private and sanitary location other than a bathroom for lactation breaks. Please note than breastfeeding accommodations under the FLSA apply when the employer has at least 50 employees and a yearly gross revenue of at least $500,000.
During the time an employee is eligible for breastfeeding accommodations, employers cannot fire them or take away their current position. Thus, demoting someone for pumping breast milk at work is illegal, and those who are affected have the right to file a workplace discrimination lawsuit.
Can I be Demoted for Pumping Breast Milk During My Lunch Break?
No, your employer cannot demote you if you decide to pump break milk during your lunch break. You are allowed time during the day to pump breast milk under the California Labor Code Sections 1030-1033. You also have the right to pump breast milk during regular break and meal periods that you are legally entitled to. If you need more time outside of your normal breaks, your employer is not required to pay you for these additional breaks. However, your employer must grant you lactation breaks as needed, along with a clean, safe, and private location that is not a bathroom.
Employers can face stiff penalties for violating your right to lactation breaks and space to express breast milk. For each violation of the law, your employer may be fined up to $100 by the California Labor Commissioner. You may also have the right a lawsuit for monetary losses if you were demoted or fired for pumping breast milk at work.
Can I be Fired for Pumping Breast Milk at my Workplace?
No, employers are forbidden from terminating an employee that needs to pump breast milk after giving birth. This is illegal under the same laws that protect you from demotion on the basis of pregnancy or childbirth. Aside from discrimination, an employer cannot fire you as retaliation under federal and state laws.
For example, you cannot be fired or assigned to a lower position because you filed a complaint regarding your employer’s refusal or failure to provide a location at the job site for expressing breast milk. Your employer also has to protect you from harassing or discriminatory comments from coworkers, clients, and other people at your job. There may be colleagues, for instance, that accuse you of receiving preferential treatment because you are allowed more breaks. Or, you may have a supervisor that makes comments about your weight and other aspects of your appearance since you had a baby.
Sadly, many employers take punitive actions against workers for asserting their employment rights. Because the employee may not be aware of the laws, or they are afraid of further repercussions, they stay silent and put up with the abuse. We want to assure you that laws are in place to prevent discrimination and retaliation against breastfeeding mothers.
If your employer is refusing to hear you out and provide accommodations you are legally entitled to, let us help you explore the available legal options. Whether you go ahead with an employment violation claim is completely up to you. Our job is to inform you of your rights and ensure that you are making the best possible choice for yourself and your loved ones.
Contact California Labor Law Employment Attorneys Group
Discrimination in the workplace can be agonizing to deal with, and employers who fail to respect the law should be held accountable. Our team of sex discrimination lawyers can help you file a claim and recover any losses you suffered through no fault of your own.
The process begins with a free consultation, where you can tell us about your experience. If you are eligible for a wrongful demotion claim, we are willing to take your case for $0 upfront. Our Zero Fee Guarantee ensures that all legal fees are paid by your employer at the same time as your settlement. So, you pay zero fees if we do not bring you compensation from a lawsuit for illegal demotion or wrongful termination.
The first step is to contact our law firm and talk to a lawyer that can sue for pregnancy and childbirth discrimination by an employer. With that in mind, please get in touch and schedule a free case review at your earliest opportunity.
