A Legal Analysis of Breast-Feeding Accommodation Requirements in the Workplace

Abstract

The purpose of this paper was to review state and federal court cases in order to assess the current status of judicial opinion regarding breast feeding accommodations that may be required in the workplace. It was surprising to find that laws such as the Pregnancy Discrimination Act, the Americans with Disabilities Act and Civil Rights Act were not interpreted by the various courts to mandate that employers provide special accommoda tions for mothers in the workforce that were breast-feeding. As a result, various states have designed legislation fill the void left by the courts. Some of these laws are also discussed in this paper."...[FJew would deny that the problems facing women who wish to bear children while pursuing challenging careers at the same time remain substantial" 1 T he purpose of this paper is to review state and federal court cases to deter mine the current status of the law regarding breast-feeding accommodations that may be required in the workplace. For example, is breast-feeding consid ered a disability under the Americans with Disabilities Act? If an employer refuses to grant, or extend, leaves of absence, is it guilty of disparate treatment and/or disparate impact? Is such a leave protected by the Family Medical Leave Act? If an employer fails to provide a private place, or extend break time, for a lactating employee using a breast pump, is it a violation of the Pregnancy Discrimination Act? These and other issues are considered in this paper.Currently, there are five states that have statutes expressly dealing with breast feeding practices in the workplace. These laws are also reviewed.