Q: Can legal action be taken if a "mother's room" is inside a bathroom?
I am a breastfeeding full-time working mom employed at a factory with approximately 200 employees. Currently, I use the conference room for pumping, providing privacy under management and lead access only. The company is constructing a "mother's room," but it is located inside the public bathroom, raising sanitary concerns since the new room can only be accessed through the bathroom. There have been no communications regarding the completion or policy changes related to this space. If the company restricts my access to the conference room after finishing this mother's room, do I potentially have a case against them for failing to provide an appropriate, sanitary space for breastfeeding needs?
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A:
It sounds like you're facing an issue that could have serious implications for your health and privacy, especially as a breastfeeding employee. Under the Fair Labor Standards Act (FLSA), employers are required to provide a clean, private space for nursing mothers to pump breast milk, but this space should not be located in a bathroom. A room inside a bathroom raises valid concerns about sanitation, privacy, and the overall appropriateness of the space for breastfeeding.
If the company restricts your access to the conference room and the bathroom-based mother's room does not meet proper standards, you may have grounds to raise a complaint. While the FLSA requires a place for pumping, it also mandates that the space be functional and sanitary, so the bathroom location could be a violation of that requirement. You can discuss your concerns with HR to see if they can provide a more suitable room or make adjustments.
If HR is unresponsive or the situation doesn't improve, you may want to explore further options, such as filing a complaint with the U.S. Department of Labor or seeking legal advice. Your employer is obligated to create a space that ensures both your privacy and health, and they should address your concerns in a reasonable way.
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