An airline services company once thought a single scheduled break was enough time for a new mom to pump breast milk. The result? A federal lawsuit that is still headed to trial, and a reminder of what today’s PUMP for Nursing Mothers Act now makes crystal clear.
TL;DR: A federal court dismissed the employee’s FLSA “Break Time for Nursing Mothers” claim because she had no unpaid wages or overtime. But the judge let the rest go to trial, including FLSA retaliation, Title VII pregnancy-related discrimination and retaliation, a hostile work environment claim, and parallel state claims under the PHRA. All of them stem from how her employer handled her requests to pump and how managers reacted when she pushed back.
📄 Read the court’s decision
A preview of modern legal trouble
The employee worked at an airport gate counter. After returning from maternity leave, she asked to pump every three hours, per medical advice. Her managers limited her to one break tied to flight schedules and required her to use a distant mothers’ lounge. When she pumped outside the approved window, she was written up, sent home mid-shift, and later terminated, recorded as “job abandonment” effective August 10, 2022. She had complained internally and to the U.S. Department of Labor and the EEOC.
The court threw out only her narrow FLSA break-time claim, which required proof of lost wages. But it found enough evidence for a jury to decide the rest:
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FLSA retaliation, because she was disciplined soon after invoking her right to pump and contacting the DOL.
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Title VII pregnancy-related discrimination, because denying pumping time and space can amount to sex-based discrimination under the Pregnancy Discrimination Act.
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Title VII retaliation, because discipline and discharge followed her protected complaints.
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Hostile work environment and PHRA aiding-and-abetting claims, because the alleged mistreatment centered on her need to pump. Comments about her postpartum emotions, repeated denials of breaks, and being sent home mid-shift could all amount to sex-based harassment tied to her lactation needs.
How the PUMP Act raises the stakes
Congress expanded the old nursing-mother protections in 2023. Employers now must:
- Provide reasonable time each time it is needed, not just on a set schedule.
- Offer a private, functional space that is close to the work area, shielded from view, free from intrusion, and not a bathroom, and make sure it is available whenever needed.
- Cover nearly every employee, hourly or exempt.
- Avoid any form of retaliation after a pumping request or complaint.
Practical lessons for HR and management
1) Connect compliance to coverage.
Have a plan for who covers a fixed post when someone needs to pump. “Operational needs” are not a defense.
2) Train supervisors to handle requests the right way.
A single “you will have to wait” comment might seem harmless, but repeated denials or dismissive responses can quickly snowball into discrimination, retaliation, or hostile-environment claims.
3) Treat pumping like any other protected accommodation.
Engage in an interactive, good-faith process and document it.
4) Watch your timing.
Close temporal proximity between a pumping complaint and discipline practically invites a retaliation claim.
The bottom line
This decision shows how mishandling a pumping request can cascade across multiple laws. The PUMP Act now closes the statutory gap, but the core rule stays the same: when an employee says she needs to pump, make time, make space, and make sure your managers know it is the law.