Nursing employees

Additionally, you are entitled to a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, in which to express milk. A bathroom, even if private, is not a permissible location.

You might also live in a state that allows greater protections to employees to express milk (for example, providing compensated break time, providing break time for overtime-exempt employees, or providing break time beyond 1 year after the child’s birth).

In addition, you have protections against discrimination based on pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. Because lactation is a pregnancy-related medical condition, less favorable treatment of a lactating employee may raise an inference of unlawful discrimination. An employee who is lactating must be able to address lactation-related needs to the same extent as she and her coworkers are able to address other similarly limiting medical conditions. For example, if an employer allows employees to change their schedules or use sick leave for routine doctor appointments and to address non-incapacitating medical conditions, then it must allow female employees to change their schedules or use sick leave for lactation-related needs.

Additional resources

• Employment Protections for Workers Who are Pregnant or Nursing

• Enforcement Guidance on Pregnancy Discrimination and Related Issues

• Questions and Answers about the EEOC’s Enforcement Guidance on Pregnancy Discrimination and Related Issues

Learn about filing a complaint with the U.S. Department of Labor’s Wage and Hour Division (WHD)

Learn about filing a complaint with the U.S. Equal Employment Opportunity Commission (EEOC)