When a new mother returns to the workplace, certain sections of the Fair Labor Standards Act, or FLSA, continue to grant her special protections. Employers that fail to observe these protections may find themselves subject to a costly lawsuit.
Such is the case with the City of Tucson. A recent federal trial court jury’s decision found in favor of a plaintiff to the tune of $3.8 million. The plaintiff, Carrie Clark, was employed by the City of Tucson as a paramedic. Upon returning from maternity leave, Clark needed to be able to express breast milk throughout the day. However, the city assigned her to fire stations that lacked appropriate facilities for meeting this need.
Under Section 7(r) of the FLSA, employers are required to provide break time for nursing mothers to express breast milk. This accommodation must be made for up to a period of one year after the child’s birth. Moreover, employers are required to provide a private, hygienic place, which is not a bathroom, in which the mother can express breast milk away from curious eyes.
The law does not require that employers pay employees for this break time. However, if compensation is provided for such break periods, then it must be paid to the worker.
Section 7(r) is not the most well-known component of the FLSA. Nonetheless, the City of Tucson may now be wishing that they had been more aware of their responsibilities under the law. The jury found that the city appeared to exacerbate the situation by retaliating against Clark when she made repeated requests for adequate accommodations for expressing breast milk.
The April 2019 jury decision found in favor of the plaintiff on all counts. According to the decision, Clark was discriminated against for a pregnancy-related condition. Additionally, because her employer required her to take leave so that she could express breast milk in private and punished her for allegedly “not being in harmony with others,” Clark was awarded further damages.
This case is a stark reminder for employers everywhere to be aware of all facets of FLSA, discrimination and anti-retaliation laws.