QUESTION

An appropriate space to express/pump breast milk in a work place?

Asked on Sep 04th, 2016 on Labor and Employment - Minnesota
More details to this question:
My supervisor wants me to pump in a very small LIQUOR closet, maybe 3X4 feet of room, but with in that room the cabinet doors open into that space and also the only door opens into that space which makes it extremely difficult to get in or out let alone pump. If not there, I'm in the boiler mini hallway. I have pictures of how unsanitary this area is. This to me is unacceptable! Please help & let me know if there is legal action i can take?! Thank you for your time.
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1 ANSWER

I hope you have already resolved this with your employer. If not, you should know that the legal requirement is the "The employer must make reasonable efforts to provide a room or other location, in close proximity to the work area, other than a bathroom or a toilet stall, that is shielded from view and free from intrusion from coworkers and the public and that includes access to an electrical outlet, where the employee can express her milk in privacy.The employer would be held harmless if reasonable effort has been made." There is an exception where providing the break would "unduly disrupt" the employer's operations. So, there are some minimum standards, but beyond that, the question is basically whether the employer's efforts are "reasonable." The law also says that "An employer may not retaliate against an employee for asserting rights or remedies under this section." Furthermore, if they don't comply or if they retaliate, you have a right to "bring a civil action to recover any and all damages recoverable at law, together with costs and disbursements, including reasonable attorney's fees, and may receive injunctive and other equitable relief as determined by a court." So, if you believe the employer has not acted reasonably here, you should push them for a different space that reasonably meets the minimum requirements. If they retaliate or fail to act reasonably, then you should consider taking them to court as allowed by the statute.
Answered on Oct 03rd, 2016 at 7:36 AM

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