New case law and statutory changes increase litigation
and liability risk for employers that fail to comply with both
federal and state lactation break laws.
When the Patient Protection and Affordable Care Act (ACA) was
signed into law in 2010, we reported on a provision of the law that
amended the Fair Labor Standards Act (FLSA) to require that covered
employers offer unpaid lactation breaks to nursing
mothers.1 Employers should be aware of several new
developments, which are summarized below.
Sex Discrimination Claims Under Title VII
On May 30, the U.S. Court of Appeals for the Fifth Circuit gave
a boost to the Equal Employment Opportunity Commission's
(EEOC's) position that lactation discrimination is a form of
sex discrimination under Title VII by overturning a summary
judgment victory for an employer in the district court. The
decision represents a new direction for federal law and a potential
new cause of action for employees denied the opportunity to
