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Fired for pumping? Aren't there laws already in place against that?

BlindysWifeBlindysWife member
in Attachment Parenting
https://abcnews.go.com/Business/houston-judge-fired-breast-pumping-sex-discrimination/t/story?id=15533573#.TzLeqPlfS4o

Full disclosure: I did not read the entire article, only skimmed it.

I thought that there were already laws that said employers have to provide a place for a BFing mother to pump, and that they can't get fired for it? At my old job, there was a magazine article posted in our lactation room about the rights of breastfeeding mothers. I thought this was commonplace? Or is it a state by state thing?

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Re: Fired for pumping? Aren't there laws already in place against that?

  • erbearerbear member
    most states don't have pumping laws. I know PA does not.
    "Hello, babies. Welcome to Earth. It's hot in the summer and cold in the winter. It's round and wet and crowded. At the outside, babies, you've got about a hundred years here. There's only one rule that I know of, babies. God damn it, you've got to be kind." - Kurt Vonnegut
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  • mben1119mben1119 member

    imageerbear:
    most states don't have pumping laws. I know PA does not.

    But there are federal laws.

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  • NickiechanNickiechan member
    Near at the end of the article it says that Obama Health care law from 2010 has a federal law for pumping at work. This happen in 2009. Like PP post said... She was suing for sexual discrimination. It also discusses how lactation is not a medical condition. The judge who ruled said that Lactation is not a medical condition related to pregnancy. The judge needs smack up across the head... IMO
    Nickie
    Proud Cloth Diapering, Babywearing Mommy to Desmond (5.30.2011) and Evangeline (2.26.2014)
    Loving wife, best friend and teammate to Babywearing Daddy, Kelly (7.27.2000)

    Volunteer Babywearing Educator at Babywearing International of South Central Pennsylvania 
     
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  • gy86gy86 member

    Laws have varied state to state but the Fair Labor Standards Act was amended recently to include language surrounding reasonable break time for nursing mothers to express breastmilk during the course of their work day.  This is one of several federal laws enforced by the Wage and Hour Division of the US Department of Labor.

    Here's the official fact sheet: https://www.dol.gov/whd/regs/compliance/whdfs73.pdf

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  • SirSleepsALotSirSleepsALot
    imagemooshagirl:

    imagefredalina:
    imagemooshagirl:
    It almost sounds like a technicality.  She sued on grounds of sexual discrimination, but not being able to pump at work isn't necessarily sexual discrimination.  I think there are laws in place, but only if the company meets certain criteria (like has 50 or more employees, etc.) and the laws also vary from state to state.  Either way, I hope that the company gets some major backlash and she gets some compensation.  It is so frustrating to hear stories like this.
    Sigh. Not many individuals choose to do business with debt collectors, so it's not likely there'll be much of a boycott.

    Yup, unfortunately the company probably won't see much damage to their business, but maybe the judge will get some flack and have to step down.  I was just reading an article about this and apparantly this occured before Obama signed the new laws requiring employers to provide a space and time to pump.  So, even though what they did is illegal now, at the time it wasn't so she might be SOL. Sad

    Socialist!!!!  haha.

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