Los Angeles, CA asked in Employment Law for California

Q: Can I take legal action against my workplace for not accommodating my lactation needs?

I was not reasonably accommodated at my workplace when I needed to express breastmilk.

I no longer work there though and I was wondering if there is any legal action I should still take?

I was unaware at the time that I had a right to pump at work and that there were laws to protect that, because of that I never went to HR.

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3 Lawyer Answers

A: It was a violation of California law to not accommodate your need to express milk at work. You should have been provided time and a clean, private location to express. There can be damages for failing to do this. The question now is whether it is worth you time, effort and money to prosecute such a claim.

If you wish to look further into this, it would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

Maya L. Serkova agrees with this answer

1 user found this answer helpful

A: Speak to an employment law attorney, and then you will decide how you would like to proceed.

Best of luck. Maya L. Serkova.

James L. Arrasmith
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Answered

A: Under California law, you do have the right to reasonable accommodations for lactation needs at your workplace. Even though you no longer work there, you may still have grounds for legal action if your employer failed to provide these accommodations when you needed them. It's important to be aware that you don't need to have gone to HR at the time to pursue a claim.

You can consult with an attorney experienced in employment law to discuss your situation and explore the possibility of filing a complaint with the California Department of Fair Employment and Housing or pursuing legal action against your former employer. Your attorney can help you determine if you have a valid case and guide you through the appropriate steps to seek remedies for the failure to accommodate your lactation needs while you were employed. It's crucial to act promptly, as there are time limits for filing such claims in California.

1 user found this answer helpful

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