As Moms Fight for Their Rights, Breastfeeding Lawsuits Spike

Once in awhile, when a particularly offensive workplace scenario goes warrants it, we’ll post about an instance of pregnancy or parental discrimination in the workplace. But the truth is, this type of discrimination is happening—and being reported—all the time.

A new report from the Center for Worklife Law at UC Hastings College of the Law found that in the past 10 years, there’s been an 800 percent increase in breastfeeding-related discrimination lawsuits. While that uptick is huge, the number of those cases is still small compared to lawsuits filed over pregnancy accommodation, which make up two thirds of all family responsibilities discrimination (FRD) cases. Pregnancy discrimination lawsuits rose 315 percent over the course of the last decade.

“The increase likely is due at least in part to more women working while pregnant and working longer into their pregnancies,” the study reads. That’s certainly true: A Pew study shows that during the 1960s, only 44 percent of women worked during pregnancy. That number jumped to 67 percent by the late 1980s, and has leveled off at 66 percent. Additionally, 82 percent of women today continue working up until a month before birth, compared to 65 percent of working pregnant women in the 1960s.

But what about breastfeeding discrimination lawsuits? Why the surge there? As of 2010, employers are required to both offer a nursing mother adequate time and a designated space to pump. Additionally, data suggests that a steep increase in the percentage of first-time moms returning to work after baby—73 percent of moms in 2007 compared to 21 percent in the ‘60s—has contributed to the prevalence of breastfeeding-related issues.

In response, women are taking initiative and advocating for change. Some, like Fairygodboss co-founders Georgene Huang And Romy Newman, are offering transparency about company policies and culture when it comes to new parents. Others, like the team from Moxxly, are creating modern pumps to help empower moms to nurse on the job. Jessica Shortall take both avenues, advocating for better parental leave after penning a book about pumping upon returning to work.

Check out more inspiring ladies doing amazing work in the parenting space here. And if you think your company isn’t lawfully accommodating pregnant or new moms, hotline@worklifelaw.org is a great resource.

Please note: The Bump and the materials and information it contains are not intended to, and do not constitute, medical or other health advice or diagnosis and should not be used as such. You should always consult with a qualified physician or health professional about your specific circumstances.