Cases Now Being Brought Under the Pump Act Protecting Breast-feeding Workers 

Federal judges have now ruled in over a dozen cases involving the 2022 Providing Urgent Maternal Protections for Nursing Mothers Act, commonly known as the Pump Act.  In about half the cases, the workers have been at least partially successful.  Many of the claims are surviving early employer efforts to throw them out of court, more so than other cases.  The Pump Act requires employers to provide reasonable break times and a private, non-bathroom space for nursing workers to express breast milk for up to a year after birth.  It allows for a private right of action by affected workers who can sue for compensatory, liquidated and punitive damages, as well as lost wages and reinstatement.  

Many of the cases arise in situations where finding a non-bathroom space or scheduling a regular break time is more difficult.  Issues seem to arise more often in traditional male-dominated industries.  In some cases, employers have successfully defended the claim on the basis that the workers did not adequately give notice that they lacked a proper space to pump.

This article is part of our October 2026 Newsletter. 

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