Nursing Mothers in the Workplace
The American Civil Liberties Union (ACLU) recently filed a notice of claim against the Rocky Mountain Academy of Evergreen in Colorado alleging it let go of a teacher because she pumped breast milk on the job. The school has 90 days to respond to the claim, after which point a formal lawsuit may be filed. Colorado passed a law which requires employers to make reasonable accommodations to allow mothers to pump milk while at work. Minnesota has a similar law.
Minnesota Statute § 181.939 states, employers must provide reasonable unpaid break time each day to a nursing employee who needs to express breast milk for her infant child, unless it would unduly disrupt the operations of the employer. The break time can be at the same time as other break times already provided to the employee. Minnesota employers must also provide an employee a private room or location to use to express her milk. A toilet stall is not considered sufficient under the law for this purpose.
In addition to Minnesota state law which provides this benefit to nursing mothers, my law partner blogged last year about the changes caused by President Obama’s healthcare reform, one of which provided unpaid lactation breaks for nursing mothers.
It is important for employers to consider any potential discrimination claims before taking adverse employment actions against employees. Employment actions must be grounded in facts and evaluated based on legitimate needs. Presently, the Colorado employer is claiming the employee was not retained because her position was changed. I will update you as this case unfolds.
