by Heidi Green
July 01, 2008

You hear about state laws supporting breastfeeding in the workplace. At least 20 states, the District of Columbia, and Puerto Rico all have them. But did you ever wonder what happens when an employer violates such a law?

Until now, nothing. But recently, for the first time, an employer has been held accountable for failure to accommodate a breastfeeding employee’s needs.

It happened in California. Labor Code sections 1030-1033 mandate that every employer, regardless of size, must: provide a reasonable amount of time for a breastfeeding employee to express her milk; and make reasonable effort to provide a private space for expressing her milk that is in proximity to the employee’s work area.

According to California Labor Commissioner Angela Bradstreet, International Security Services, Inc. failed to meet these standards. In fact, the room that was initially provided for the mother’s use was a computer server room equipped with security cameras. One can hardly blame the mother for feeling that she lacked privacy in such a place. The company has been assessed a $4,000 fine as a result.

California’s workplace lactation standards went into effect in 2002, and this is the first citation to be issued. It is hard to believe that this is the first violation, though. Enforcement relies on employee reports to the California Department of Labor Standards Enforcement, so underreporting is likely. Bradstreet urges any woman whose need to express her milk has not been accommodated to contact her office—try California’s Workers’ Information Hotline at (866) 924-9757—so that the employer can be educated and the situation corrected.

Many states have no such enforcement provisions in their workplace breastfeeding laws. Rather, their legislation just “encourages” employers to comply.

Breastfeeding benefits mothers, infants, and employers (healthier children require their working mothers to miss fewer days of work; healthier mothers are healthier employees), but—as with any workplace regulation—some employers need a bit of extra “encouragement” to comply.

California’s action ensures that its legislation is more than just words.