Questionable Reaction to Expressing Breast Milk Can’t Pump up Claim

Arizona Employment Law Letter
Employment & Labor Law
Jodi R. Bohr

Several statutes offer accommodation for or protection to nursing mothers in the workplace. The Fair Labor Standards Act (FLSA) requires employers to provide nonexempt employees with reasonable (paid or unpaid) break time and a suitable place to express milk for up to one year after the employee gives birth. Title VII of the Civil Rights Act of 1964 and the Arizona Civil Rights Act (ACRA) also protect nursing mothers from discrimination based on their need to express milk at the workplace. Title VII, the ACRA, and the Arizona Employment Protection Act (AEPA) prohibit retaliation against nursing mothers for taking breaks to express milk or for filing a discrimination charge based on failed accommodations. Considering the many statutory protections for nursing mothers, employers must know the accommodation requirements and be aware of the several ways in which their actions can subject them to liability.   Read more from Jodi Bohr regarding accommodation requirements for nursing mothers.