I believe that my office got a call from her, and what we conveyed was that
there are no laws on this subject anywhere. Most moms in her shoes would try
to educate the employer, and look for a feasible solution. Can they really
tell her what she is doing at night? Some moms would spend the money to
bring their husband or nanny to come with them, put them up in a room
nearby, and nurse when they have breaks. While this may not be fair, it is a
reality that we must live with, at least for now. Important that we get
Maloney's bill amended to include breastfeeding in the Pregnancy
Discrimination Act. Move on that people, contact her, and write to your
senators and representatives. Same with military moms - no relief for them
from the courts.
This mom might have done better by not asking - then if she brought her
husband, they could not complain. The fact that they have told her she can't
could subject her to discipline for disobeying them. This is one reason why
it is a good idea for the mom to think about whether it is best to approach
the employer ahead of time or not when she has an employment/breastfeeding
issue.
If the mother wanted to look at legal action, she would have to get some
legal advice from an attorney licensed in her state. While the EEOC said 'no
chance', likely she just spoke to a clerk, who can't give legal advice
anyway. While federal laws are not good for discrimination actions, some
states laws are OK. I believe that I suggested she scope out EEOC, but not
to the exclusion of getting some legal advice. Remember that we can't tell
her whether she has a case or not - not even me, unless it is a Florida case
where I am licensed to practice law.
So - when a mom has a breastfeeding legal problem regarding her job, she
should:
* Get legal advice from an attorney, if there is ANY chance that she
might be fired, or want to take legal action herself. The attorney should
know about labor or employment law, or military law if she is in the
military. If she doesn't know how to find an attorney, she can ask friends
or other attorneys, or call the local or state bar association for a
referral. The lawyer does not have to know about breastfeeding, but the Mom
should be educating the lawyer about what is out there. For instance, are
there ANY breastfeeding laws in her state, even if not on the subject?
Educate about what other states are doing (here not directly relevant, but
important to show why breastfeeding is important, etc.). Also, Alexis Neely
on this list does much to help moms with employment cases that want to
litigate. Put her in touch with her (Alexis, is this OK?)
* Help the mom to educate the employer (and her attorney if there is
one). AAP recommendations. Materials from LLLI's website (my legislation and
employment articles). Info from local task forces, or national task forces
that have put together materials to educate employers. Help the mother to
learn to dialogue with active listening, to dialogue with the employer with
an "I'm sure we can work this out" attitude rather than "I have my rights -
you have to do this". Maybe a letter or packet of info for the employer
might help. LCs and doctors can write simple letters, referring to benefits
of breastfeeding, urging employers to find a way to satisfy both concerns -
theirs about the employee 'really being there' for work purposes, and mom's
'meeting baby's needs'.
Hope this helps. Feel free to share this post with anyone dealing with an
employment dispute.
Love to you all - keep up the good work!
Liz
Elizabeth N. Baldwin, Esq.
2020 N.E. 163rd Street, Suite 300
North Miami Beach, Fla. 33162
305-944-9100
www.lalecheleague.org/LawMain.html
www.compromisesolutions.com
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