Does an employer have to provide a place other than the bathroom for a mother to pump breast milk?

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Colleen M. Flynn of Johnson, Pope, Bokor, Ruppel & Burns, LLP addresses the issue of breastfeeding in the workplace. Does a mother have to breastfeed in the bathroom? Ms. Flynn answers, No. She references the Fair Labor Standards Act, which provides that employers are

“required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.”

Given this clause, it is unlawful to constrain a nursing mother to breastfeed in a bathroom. Accommodations must be made.

Video provided by myLawCLE excerpt from the national CLE program: Drafting Employee Handbooks: Techniques for Avoiding Liability

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