There is no disputing that breastfeeding provides important benefits for mothers and children. In particular, breast milk provides essential nutrients and antibodies for babies up to 6 months old, which is why breastfeeding is recommended by the World Health Organization, UNICEF, and most pediatricians. For many years, there were no accommodations for working mothers who wished to breastfeed their children. Additionally, these women faced constant discrimination, and were often demoted or fired from their jobs. Thankfully, the state of California has a come a long way in protecting the rights of nursing mothers in the workplace. But it’s clear that in spite of California’s lactation accommodation laws, mothers are still struggling for break times and facilities where they can express their milk.
Is your employer denying you lactation breaks as a breastfeeding mother? Have you been fired after filing a complaint with HR for lack of breastfeeding support in the workplace? Is so, there are methods to recover the losses you have suffered. However, these cases are challenging to win without help from a breastfeeding in the workplace lawyer. To find out about your lactation rights and legal options as a working mother, please contact the attorneys of Normandie Law Firm.
What are my Rights in the Workplace as a Breastfeeding Mother?
California employers are required to provide break times for the purpose of expressing breast milk, known as “lactation breaks.” Additionally, employers have to set aside a room or some other location where breastfeeding women can express their milk. According to the California Department of Industrial Relations:
“…your employer must provide you with the use of a room or other location, other than a bathroom, in close proximity to your work area, shielded from view, and free from intrusion while you are expressing milk in private.”
The Department specifies other requirements, such as:
- The room / space needs to be clean and free of hazardous materials.
- There must be a surface to place items like bottles and breast pumps.
- The worker must have access to electricity and enough room to sit comfortably.
- The employee must have access to running water, and a fridge or cooler in close proximity for the purpose of storing breast milk.
Furthermore, you must be given a “reasonable amount of break time” for lactation purposes, though the Labor Codes do not specify how long these breaks should be. Honest, open communication is needed between the employee and employer to make sure that mothers are given enough time to express their milk. Generally, lactation breaks should occur during meal times and regular breaks, but that may not be feasible depending on the type of job or workplace. In that case, break times have to be scheduled specifically for the purpose of expressing breast milk.
As for how often women should express their milk, there are varying opinions on this issue .Some experts recommend 3 to 4 hours, for 15 minutes at a time. Others say 8 to 12 times every 24 hours for the first few months of your baby’s life. We recommend speaking with your pediatrician and relying on their advice. That way, you and your employer have a framework on which to schedule your breaks and ensure that everyone is in compliance with the state’s labor laws.
Would you like to learn more about your right to lactation breaks in the workplace, including what to do if you’re denied break times? Then give us a call and speak to a lawyer with experience in workplace discrimination for pregnant and breastfeeding mothers.
What Steps do I take if I was Denied my Right for Accommodations for Breastfeeding in the Workplace?
If you are being denied adequate time and/or accommodations for breastfeeding in the workplace, your first step is to file a complaint with your Human Resources department. They should take the necessary steps, like speaking with your supervisor and making sure a private space is set up for you to express your breastmilk. The head of your HR department should be familiar with the state’s labor laws regarding lactation accommodations, and will most likely cooperate with your request.
Unfortunately, there are employers and HR administrators who fail in their duty to protect a worker’s right to breastfeeding breaks. Employees in these situations are often punished by their employer in the form of demotions, pay cuts, and even termination from their job. In the next section, we’ll talk about what you can do if you’ve been the victim of retaliation after asking for breastfeeding accommodations.
What are my Rights if I was Terminated after Filing a Complaint with HR?
California employers are forbidden from retaliating against an employee who files a complaint for lack of lactating support in the workplace. If you’ve been fired after complaining to HR about the lack of breastfeeding accommodations in your workplace, you have several options:
- File a retaliation / discrimination complaint with the Department of Fair Employment and Housing.
- File a wage claim with the Labor Commissioner’s Office to recover one hour of pay for each violation of your right to breastfeeding accommodations in the workplace.
- File a labor law violation report with your local Bureau of Field Enforcement (BOFE) office. After an investigation, employers that are found to be in violation may be ordered to pay $100 for each day the employee is denied adequate time or accommodations for expressing milk.
- File a lawsuit against your employer for damages, such as back pay, lost wages, medical expenses, and emotional distress.
Our California labor law attorneys can explain each of these options and help you take the best course of action for your situation. It’s important that you explore these choices right away, since there are tight deadlines for labor department claims. Lawsuits with the civil court have their own deadlines, so you’ll want to verify this as well with an experienced attorney. To protect your right to monetary damages, please don’t delay in giving us a call.
What is the Average Value of these Cases?
Values for breastfeeding discrimination cases vary widely, since they’re based on the victim’s economic and non-economic losses. To give you an idea of possible amounts, here are some past verdicts for breastfeeding in the workplace lawsuits:
- $195,000 for a New Jersey woman who was fired after she returned to work from maternity leave. Among numerous allegations, the woman claimed that the employer retaliated against her by requiring her to go on a two week business trip when she asked for breastfeeding accommodations. When she declined to go on the trip due to her baby’s needs, she was fired.
- $22,000 for a nursing mom in Texas, who was forced to pump breast milk in the parking lot that was accessible to the general public. Though she resigned, it was found that she was forced to quit due to her employer’s refusal to provide adequate facilities for lactation breaks. The plaintiff was awarded back pay and other damages.
- $1.5 million for a Delaware mom who sued KFC. According to the plaintiff, she was initially forced to pump her milk in the bathroom, and later, in a manager’s office that had a surveillance camera. Management refused to turn off the camera or provide alternate accommodations. She was also harassed by other workers, who complained that she took too many breaks. KFC refused to do anything about the harassment and demoted her from assistant manager to shift supervisor.
- $3.8 million awarded by jury verdict to an Arizona firefighter. According to trial documents, the new mother was told by Human Resources that she was “not fit for duty” due to her “excessive” lactation breaks. Other forms of discrimination and retaliation followed, leading to emotional distress and problems producing milk.
Some of these verdicts resulted in substantial amounts of compensation, which is a sign of how seriously juries are starting to take these cases. Keep in mind, however, that the above settlements may not reflect what you can receive in your claim against your employer. If you’re interested in finding out the value of your own case, contact our office and speak to a breastfeeding discrimination lawsuit attorney.
How Long Does it take for these Cases to Settle?
The average length of time for a breastfeeding discrimination case depends on the actions that are needed to settle the claim. For example, the Labor Commissioner’s Office must hold hearings for wage claims within 120 days after they are filed. Your employer can try and negotiate a settlement with you before the hearing date, so it’s possible you can resolve your breastfeeding accommodation case within the first few months. We highly recommend hiring an attorney during this process. For one thing, your employer is going to offer you as little as possible. A skilled breastfeeding in the workplace lawyer knows what your case is worth and will fight to recover an adequate settlement.
If negotiations don’t go well, you can wait for the hearing with the Labor Commissioner’s Office. We want to warn you, though, that hearings may be scheduled past the 120 days, depending on the case load. Currently, the agency is still going through claims that were filed during the pandemic – a time when all government agencies struggled with understaffing and outdated technology. Employers know this, and will often try to pressure the employee into a settlement. The ones who are the most vulnerable to such tactics are claimants without attorneys.
If your workplace breastfeeding rights have been violated, reach out to the lawyers of Normandie as soon as possible. We can help you take any and all available actions against your employer, including a lawsuit for monetary compensation. Once a lawsuit is filed, we will spend the next 6 months to a year, maybe more, preparing for a trial. However, we will continue negotiations during this time as long as the other side is willing. In fact, it’s very likely that we won’t go to trial at all, since over 90% of all workplace violation lawsuits are settled before the trial date. But if an agreement can’t be reached and we do go to trial, it maybe several years from the date of your initial complaint before your case is resolved.
The Workplace Discrimination Attorneys of Normandie
The pressure on women to balance work and motherhood is a dilemma with no easy answers. But we can all agree on the importance of breast milk as the main source of food for babies during the first 6 months of their life. Thus, working women should be given the opportunity to provide this vital food source for their children. Many California employers do their best to provide lactation breaks and appropriate pumping rooms or spaces. But enough companies get away with denying women their rights, and they must be held accountable for the harm that’s caused to the mother and child.
If you are facing any kind of discrimination, harassment, or retaliation after asking for accommodations as a breastfeeding mother, contact our office and schedule a free consultation with one of our attorneys. Legal options are available to help you recover from your financial and emotional losses. But workplace discrimination cases are complicated, and it’s easy to make mistakes that can invalidate your right to compensation.
With our Zero fee guarantee, there is no need to worry about legal fees if you retain one of our attorneys. There is nothing for you to pay upfront, since all our payments are deferred until you receive your settlement award. Furthermore, you owe us nothing at all if we lose your case. That’s our commitment to you, even if we have to argue your case in front a judge and jury. At the end of the day, there is absolutely no risk to you by scheduling a free consultation with a breastfeeding in the workplace lawyer. If you’re ready to learn more about what Normandie can do for you, please give us a call at our office.
