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Breastfeeding Lawsuit Seeks Enforcement of Obamacare Provision

Monday, January 13th, 2014

A lawsuit filed by the American Civil Liberties Union and the Equal Employment Opportunity Commission on behalf of a Pennsylvania mother hopes to achieve enforcement of a provision of Obamacare that is supposed to entitle breastfeeding women to have private space and time to pump at work.  Thirty-one year-old Bobbi Bockoras, who operates a palletizer at a glass factory, claims she was not only denied clean, comfortable space to pump, but also says she was harassed by male colleagues and reassigned to a less convenient work schedule. More from NBC News:

It’s the first lawsuit brought by the ACLU under the ACA’s breastfeeding provision, which is the first federal law to require employers to accommodate nursing mothers on the job.

Bockoras’ case is one of a growing number of lactation discrimination lawsuits highlighting the need for more accommodation and acceptance for nursing mothers in the workplace, advocates say.

Despite overwhelming evidence supporting the health benefits of breastfeeding, “women who choose to continue breastfeeding when they return to the paid workforce face insurmountable obstacles that can make them choose between their jobs and what is in the best interest of their babies,” said New York-based ACLU senior staff attorney Galen Sherwin, who is representing Bockoras.

Bockoras’ lawyers argue that not only was she discriminated against and not accommodated under the law, but she was retaliated against when her shifts were switched. Verallia North America, which is headquartered in Muncie, Indiana, filed a motion to dismiss the case. The company is “committed to providing a respectful workplace” and “takes its obligations under the law very seriously and is committed to abiding by all federal and state employment laws,” it said in a statement.

Bockoras says her previous dayshift schedule has since been reinstated and that the locker room where she still pumps has been cleaned.

Under the ACA provision, which amends the Fair Labor Standards Act, companies are required to provide “reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth” and “are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion.” The provision also prohibits retaliation by companies when employees file complaints.

Prior to the ACA, nursing mothers who wanted to pump at work had few rights. An employer could refuse to allow a woman to express milk at work or fire her for doing so.

As more women become aware of their rights under the law, advocates expect lactation discrimination cases to proliferate. “Partly because the ACA offers a new avenue of relief that wasn’t available previously, we’re going to see more claims using that tool to vindicate the rights of women violated on the job,” Sherwin said.

Image: Breast pump, via Shutterstock

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Balancing Work & Breastfeeding
Balancing Work & Breastfeeding
Balancing Work & Breastfeeding

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