Can I Be Retaliated Against for Pumping Breast Milk During My Break?

In California, it is illegal for an employer to retaliate against an employee for expressing breast milk during work hours. Both state and federal laws protect nursing mothers’ rights to pump breast milk in the workplace, ensuring they have a safe, private space and adequate time to do so. If you’ve faced retaliation, discrimination, or inadequate accommodations for pumping breast milk, it’s essential to understand your rights and the legal protections available to you.

This article provides a detailed overview of the laws protecting nursing mothers in California, the steps you can take if your rights are violated, and how Miracle Mile Law Group can assist you in pursuing justice.

Legal Protections for Nursing Mothers in California

California has some of the most robust workplace protections for nursing mothers, designed to prevent retaliation and ensure a supportive environment for breastfeeding employees. The primary laws that address these rights include:

1. California Labor Code Section 1030-1033

Under California Labor Code Section 1030, employers are required to provide nursing employees with reasonable break time to express breast milk. This break time should ideally coincide with the employee’s existing rest or meal breaks. If additional time is needed, it must be provided but does not have to be paid.

2. Private Space Requirement

Employers must provide a private, secure, and non-bathroom location for employees to pump breast milk. The space must be close to the employee’s work area, shielded from view, and free from intrusion.

3. Prohibition Against Retaliation

It is illegal for an employer to retaliate against an employee for exercising their right to pump breast milk. Retaliation can include firing, demotion, harassment, or other adverse actions taken against an employee as a result of asserting these rights.

4. Federal Fair Labor Standards Act (FLSA)

The FLSA, amended by the Affordable Care Act, also mandates that employers provide nursing mothers with reasonable break time and a private space to pump for up to one year after the child’s birth. While federal law offers baseline protections, California’s laws go further, providing stronger safeguards and extended rights.

California provides some of the strongest legal protections in the nation for nursing mothers in the workplace, ensuring their rights to express breast milk without discrimination or retaliation. California Labor Code Sections 1030-1033 specifically require employers to provide reasonable break time and a private, non-bathroom space for employees to pump breast milk. Employers must accommodate these breaks during regular work hours, and any additional time may be unpaid unless it overlaps with standard paid breaks. Retaliation for asserting these rights is strictly prohibited under the California Fair Employment and Housing Act (FEHA), which categorizes such actions as workplace discrimination based on sex or medical condition. Additionally, the federal Fair Labor Standards Act (FLSA), amended by the Affordable Care Act, mandates similar protections, requiring employers to provide nursing employees with time and a secure space to pump for up to one year after childbirth. Together, these laws create a robust framework to protect nursing mothers, holding employers accountable for any failure to comply or attempts to retaliate against employees for exercising their rights.

Examples of Retaliation

Retaliation against an employee for pumping breast milk can take many forms. Some common examples include:

• Firing or Demoting: Terminating or demoting an employee after they request pumping accommodations.
• Harassment: Subjecting an employee to ridicule, inappropriate comments, or other hostile behavior related to their need to pump.
• Refusing Accommodations: Denying access to a private space or required break time for pumping breast milk.
• Exclusion from Opportunities: Excluding an employee from promotions, meetings, or projects because they take time to pump.
• Pay Cuts or Schedule Changes: Reducing an employee’s pay or altering their schedule in a punitive manner.

If you experience any of these actions after asserting your right to pump breast milk, it may constitute illegal retaliation.

Your Rights as a Nursing Mother in the Workplace

As an employee in California, you have specific rights related to breastfeeding and pumping at work:

• Reasonable Breaks: You are entitled to reasonable break time to pump breast milk. If your pumping time overlaps with your regular breaks, you must be paid for that time. Additional time may be unpaid.
• Private Space: Your employer must provide a private, non-bathroom location for pumping. This space must meet specific criteria, such as being close to your work area and free from intrusion.
• Protection from Retaliation: Your employer cannot take adverse actions against you for exercising your rights under California law or the FLSA.

Employers with fewer than 50 employees may claim an undue hardship exemption if providing accommodations causes significant difficulty or expense. However, they must still demonstrate compliance with the law to the fullest extent possible.

What to Do If You Experience Retaliation

If you face retaliation for pumping breast milk during your break, here are the steps you should take to protect your rights:

• Document the Retaliation: Keep detailed records of all incidents, including dates, times, and descriptions of the actions taken against you. Save any written communication, such as emails or text messages, related to your pumping accommodations or the retaliation.
• File an Internal Complaint: Report the retaliation to your HR department or a supervisor. Many employers have internal grievance procedures designed to address such issues. Be sure to document the complaint and any response or lack of action from your employer.
• File a Complaint with the Labor Commissioner: If your employer does not address the issue, you can file a complaint with the California Labor Commissioner’s Office. The Labor Commissioner investigates violations of California’s lactation accommodation laws and can impose penalties on noncompliant employers.
• Consult Miracle Mile Law Group: An experienced employment attorney at Miracle Mile Law Group can evaluate your case, help you navigate the legal process, and determine whether you are entitled to compensation for retaliation or inadequate accommodations. Legal representation ensures your rights are protected and increases the likelihood of a favorable outcome.

At Miracle Mile Law Group, we understand the challenges nursing mothers face in the workplace and are committed to fighting for their rights. Our experienced employment attorneys can help you by:

• Evaluating Your Case: We’ll review your situation, assess the evidence, and determine if you have a strong claim for retaliation or discrimination.
• Filing Complaints: We’ll assist you in filing complaints with the Labor Commissioner or other relevant agencies.
• Negotiating on Your Behalf: We’ll work to resolve the issue with your employer and seek fair compensation for any harm you’ve suffered.
• Pursuing Litigation: If necessary, we are prepared to take your case to court to ensure justice is served.

Damages You Can Pursue as a Plaintiff

In cases involving retaliation or discrimination against a nursing mother for pumping breast milk during work, several types of damages can be pursued under California and federal law to compensate for the harm suffered and hold the employer accountable for their unlawful actions. Economic damages are central to these cases and include lost wages and benefits, back pay to recover income lost from the time of the retaliatory action to the resolution of the case, and front pay to compensate for future lost earnings if reinstatement is not feasible. Additionally, job search expenses, such as transportation or resume services, may also be reimbursed. Emotional distress damages are another key component, compensating for the psychological impact of the retaliation, including stress, anxiety, depression, or emotional trauma caused by a hostile work environment, ridicule, or unfair treatment. In cases where the employer’s actions are deemed particularly egregious or malicious, punitive damages may be awarded to punish the employer and deter similar behavior in the future. California Labor Code Section 1033 also allows for statutory penalties against employers who fail to comply with lactation accommodation requirements, adding another layer of financial accountability. Successful cases may also lead to reimbursement for attorney’s fees and legal costs, ensuring that employees can pursue justice without financial hardship. Beyond monetary damages, courts may order reinstatement of the employee to their previous position if they were wrongfully terminated, and mandate workplace policy changes, such as implementing or revising lactation accommodation procedures and conducting anti-retaliation training for staff. The exact damages pursued will depend on the unique circumstances of the case, but an experienced employment attorney can assess the situation, quantify the harm, and build a strong case to ensure the employee receives the compensation and justice they deserve.

Being retaliated against for pumping breast milk is not only illegal but also unjust. California law is clear in its protections for nursing mothers, ensuring they have the time, space, and support they need in the workplace. If you have faced retaliation or inadequate accommodations, Miracle Mile Law Group is here to help. Contact us today for a free consultation and let us fight for your rights and the compensation you deserve.