A former employee of Kentucky Fried Chicken (KFC) received $1.5 million in damages for workplace discrimination from a federal jury in Delaware in 2019. Autumn Lampkins, a worker, accused KFC of harassing and discriminating against her because of her gender. Lampkins claims that because it was so challenging for her to pump breastmilk, her milk dried up and she was unable to breastfeed her child.
In accordance with the claim, Lampkins was not given enough room to at KFC. Instead, she was forced to use a single-stall restroom before pumping in an open office with windows and security cameras where her supervisor was still working. She was subsequently transferred to a nearby store, where she received a wage decrease and a demotion.
Federal Law
Federal law was invoked to bring about this case. The Fair Labor Standards Act (FLSA), which prohibits employment discrimination, mandates that businesses make accommodations for nursing mothers while they are at work.
For up to a year following a child’s birth, businesses are required by the FLSA to give employees sufficient unpaid break time so they can express breast milk. An employee who has to pump must also have access to a private area other than a restroom. If these standards would pose an unreasonable hardship, great difficulty, or expense in light of the size, financial resources, character, or organizational structure of the employer’s firm, they may not apply to employers with fewer than 50 employees.
California law
According to California law, companies must allow their staff to pump breast milk while they are at work and must offer a private space for them to do so. Every company in California is required by law to give workers who want to breastfeed an appropriate amount of break time.
This break period need to, if at all feasible, coincide with any other breaks that have already been given to the employee. Employers are not compelled to provide break time if doing so would substantially disrupt the employer’s operations.
In California, employers are also required to use reasonable efforts to offer a space other than a restroom that is adjacent to the mother’s place of employment so that she can express milk privately. If it satisfies these criteria, it may be the employee’s regular workplace. If a permanent place cannot be devoted, a temporary location that is private and free from disturbances while the employee utilizes it may be acceptable.
You Are Protected by State and Federal Laws
Both California and federal law require that your employer accommodate your need to express milk and to provide a private location for doing so if you are breastfeeding and need to pump while at work. Although there are several exceptions to this general rule, you may have a claim for gender discrimination if your employer rejects to meet your needs.
The lawyers at PLBH are committed to supporting workers in their quest for justice regarding all forms of discrimination. For additional information on how we may help you if you have encountered discrimination, harassment, or retaliation, call us at (800) 435-7542 right away.