On September 3, Philadelphia Mayor Michael Nutter signed City
Council Bill 130992, amending Philadelphia's Fair Practices
Ordinance and making it illegal "for any employer to fail to
reasonably accommodate an individual's need to express breast
milk." The amendment, which covers all employers that have
employees in the City of Philadelphia, will take effect
immediately.
Under the amendment, an employer's failure to reasonably
accommodate employees who need to express milk constitutes sex
discrimination. A reasonable accommodation for a breastfeeding
employee includes "providing unpaid break time or allowing an
employee to use paid break, mealtime, or both, to express milk and
providing a private, sanitary space that is not a bathroom where an
employee can express breast milk." Philadelphia Code §
9-1103. The federal Affordable Care Act contains similar
requirements, but they apply only to non-exempt employees. The
Philadelphia amendment covers all employees, both
