Go deeper - join us!
Under the Fair Labor Standards Act (FLSA), employers are required to provide lactation accommodations for nursing mothers. In 2022, Congress passed follow-up legislation to add protections to the FLSA for nursing mothers. The Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act gives nursing mothers the right to have access to a private space to express milk. In 2014, a federal court determined that breastfeeding is a medical condition related to pregnancy, which puts it under the Pregnancy Discrimination Act.
Employers that don’t allow time or a private place for new mothers to pump may find themselves facing a discrimination lawsuit, like these fast-food restaurants.
McDonalds faces class action lawsuit
Two McDonald’s employees, one in Kansas and one in New York, filed a class action lawsuit against McDonald’s, both the chain and its franchises, in Illinois federal court this month. They allege that the lack of accommodations for breastfeeding have caused them emotional distress and anxiety. The plaintiffs contend that McDonald’s does not provide enough time for them to lactate, nor does the company provide sanitary spaces with a lock.
Wendy’s employee sues a Georgia franchise
Early in February, Amanda Bazzett, sued the Wendy’s where she worked, alleging that she had to pump in the “crew room,” a break room in the restaurant where all employees were allowed to come and go as needed. She had no privacy during pumping, which is required under the PUMP Act. The situation caused a reduced production of breast milk for her baby.
Know your responsibilities as an employer
Mothers have a huge presence in the workforce. Employers have a responsibility to support lactating mothers with a positive work environment that respects her responsibilities to both a job and her child.
Supporting breastfeeding in the workforce offers many benefits, including improved workplace satisfaction, such as lower absenteeism, higher retention rates, and better attraction rates for newer employees. Women make up 50% of the workforce. They want to work for companies that support their family. And they’re demanding their rights, so you may avoid a costly lawsuit.
The Department of Labor offers these resources to understand FSLA and PUMP Act for workers and employers.
