Am I a Victim of Lactation Discrimination?

Workplace lactation discrimination is a type of sex discrimination that occurs when an employer treats a woman unfavorably because she is breastfeeding. The law protects women from discrimination based on pregnancy, childbirth, or related medical conditions, including breastfeeding.

There are a few key things to look for that may indicate that you are a victim of workplace lactation discrimination:

1. You were treated differently than other employees who are not breastfeeding.

Did your employer pass you over for a career opportunity? If you believe the decision to not include you in a workplace opportunity has to do with breastfeeding, it’s an example of lactation discrimination.

2. Your employer has made it difficult or impossible for you to breastfeed at work.

Employers must provide you with time and private space that’s not a bathroom to pump breastmilk. If your employer has gone out of their way to make it inconvenient or unpleasant to deal with breastfeeding, it’s discrimination.

3. You were denied the time to pump breast milk at work.

Employers must provide breastfeeding breaks to lactating employees. If your employer does not allow time away to pump, they’re discriminating.

4. You were reprimanded or otherwise penalized for breastfeeding while at work.

If your empoyer wrote you up or punished you in any way related to lactation, it could be discrimination.

5. You were forced to stop breastfeeding, even though you wanted to keep breastfeeding, because of workplace lactation discrimination.

If you’ve had to stop breastfeeding or change anything about your intentions to breastfeed your child because of your employer, it could be an example of discrimination.

To find out if discrimination has occurred in your case, you may want to reach out to an employment attorney who can help you assess the situation and determine what steps you can take.

What Should You Do If You Believe You Are a Victim of Lactation Discrimination?

Breastfeeding can be a sensitive issue in the workplace. Employers must accommodate an employee’s need to breastfeed and/or pump in the workplace. Not every issue that arises related to lactation is discrimination. However, but you should never feel uncomfortable or as if you are doing something wrong. If this is the case, it’s important to seek legal guidance.

If you believe that you are a victim of lactation discrimination, it is important to speak up about your concerns. This can be difficult, especially if your employer has retaliated against employees in the past for complaining about discrimination. However, it is important to remember that you have rights and there are steps you can take to protect those rights.

If you have been the victim of workplace lactation discrimination, we can help. For more information or to schedule a consultation to discuss your situation, contact Borrelli & Associates, P.L.L.C. to schedule a free consultation.