Don’t Cry Over Spilled Milk (Cry Over The Lawsuit)

The EEOC has made clear that lactation is a condition employers must try to accommodate. Employers with 50+ employees are required to comply with the 𝐏𝐔𝐌𝐏 𝐀𝐜𝐭, which is federal legislation requiring employers to provide reasonable break time and a private space for employees to express breast milk for one year after the birth of a child. But if you are not required to do so under the PUMP Act, the EEOC said employers should be offering breaks and a space for lactation under the PWFA.

The EEOC has filed dozens of lawsuits alleging PWFA violations, and one such example is a case the Commission recently filed against an employer who allegedly ignored an employee who repeatedly asked for a break and location to pump, resulting in her leaking through her shirt more than once. And, on another occasion, the company directed her to a room that other security employees could access anytime (including men).

A big problem with lactation accommodations is a complete lack of understanding. Many managers do not understand the need for their employee to pump to maintain supply, avoid clogged ducts, or prevent mastitis (which, according to Harvard Health Publishing, up to 30% of breastfeeding women experience when milk hasn't properly drained from the breast during breastfeeding).

The lack of understanding easily leads to a lack of accommodation and....lawsuits. Make sure your managers know how to handle lactation accommodations!