Last week the U.S. Department of Labor issued a press release, touting its settlement with a corporate-owned location of Whataburger Restaurant LLC. The agency alleged that the company failed to provide reasonable break time for an employee to express breast milk as required by the Fair Labor Standards Act. Investigators also determined that, when the employee left the premises to express milk, the employer terminated the employee.

To resolve the violations, the San Antonio-based franchisor signed an Enhanced Compliance Agreement stating it will provide FLSA training to all managers in the future. In addition, the company has agreed to pay the employee $1,800.00 to resolve the claims.

Generally, the DOL only investigates companies for violations of pay laws, like the Fair Labor Standards Act. It leaves it to the EEOC to investigate and prosecute companies for claims of sex or pregnancy discrimination under Title VII of the Civil Rights Act. In order to achieve full justice, an employee may need to purse remedies under both sets of laws. But the agencies cannot.

It is not clear from the press release whether this employee was also able to pursue pregnancy discrimination claims under Title VII for the alleged misconduct. However, in my experience, the agencies rarely work together to achieve full justice in these types of situations. And that’s a shame because the remedy available under the DOL’s FLSA statute is much weaker than what could be achieved under Title VII.

The Fair Labor Standards Act (FLSA) and Your Right to Break Time

The FLSA, as amended by the Affordable Care Act in 2010, provides a specific provision for nursing mothers, known as the "Break Time for Nursing Mothers" rule. This rule states that your employer must provide "reasonable break time for an employee to express breast milk for her nursing child for one year after the child's birth each time such employee has a need to express the milk." Moreover, employers must also provide a suitable place, other than a bathroom, that is private and free from intrusion for this purpose. Unfortunately, however, the damages available to employers under this statute can be quite limited, especially if the employee is not a high wage earner.

Title VII and Pregnancy Discrimination Act (PDA) - What They Mean for You

Title VII prohibits discrimination on the basis of race, color, religion, sex, or national origin. In 1978, the PDA amended Title VII, explicitly prohibiting sex discrimination due to pregnancy, childbirth, or related medical conditions. This law ensures that pregnant women and those affected by related conditions must receive the same treatment as other employees who have similar work abilities or limitations.

How Title VII and PDA Protect Nursing Mothers

While neither Title VII nor the PDA specifically mention lactation or breastfeeding, these laws have been interpreted by courts and the Equal Employment Opportunity Commission (EEOC) to offer protections for nursing mothers. The EEOC, which enforces Title VII, has asserted that lactation is a medical condition related to pregnancy and therefore protected. Consequently, if your employer discriminates against you because you are breastfeeding or expressing milk, you may have grounds for a discrimination claim. Unfair treatment due to breastfeeding can also be regarded as sex discrimination under Title VII and the PDA. Employer refusal to allow sufficient time or a safe place for new moms to pump is an all-to-common problem.

Why Advertise A Bad Result?

The real question is why DOL felt like this result was something that should be advertised via a press release. Most private attorneys would consider $1,800 to be a terrible result for the client. It is really abysmal. Employers are not encouraged to take employment laws seriously if all the power and resources of the federal government can bring no more than a slap on the wrist.

If the DOL is going to be in the business of simply issuing miniscule fines to companies that break civil rights laws, perhaps they should just close up shop and go home. Or at the very least, don’t brag about it.

Know Your Rights

As a working mother, it's crucial to know your rights and ensure you're treated fairly in your workplace. These laws are in place to protect you and enable you to balance your work responsibilities with your role as a new mother.

If you feel that your rights under Title VII, the PDA, or the FLSA are not being respected, seek legal counsel to explore your options. Maintaining a healthy balance between your work and personal life is not just a personal issue, it's a legal right, and there are resources available to you to ensure that balance is achieved.