1. Her company has no nursing room. However by law, a company which has more than 50 employees is required to have nursing room.
2. Her company only provides conference room as a temporary place for pumping. However, sometimes her reservation is canceled by HR without any remedy. The only reason from HR is their client or manager need conference room.
3. Now the worst thing happened. At one moment she felt urgent to pump then she went to one conference room pumping. She locked one door but left another door open. Later someone opened the door without any knocking and she believed the guy already left and continued to pump. However, another guy entered again immediately!
Now she really feels so angry and frustrated everyday that she can't focus on work at all. Thank you very much.
I am a California attorney and not eligible to give legal advice in your state. The following is information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT PROVIDE SIMILAR OR GREATER PROTECTION. If I refer to your state's laws, that only means I did a quick Internet search and found something that appeared relevant. However, you should not rely on any comment I make regarding your state's law. You MUST check with an attorney licensed in your state.
Texas has pretty generous laws with respect to breast feeding (surprising to find this in Texas!):
Tex. Health Code Ann. § 161.071 (2001) requires the Department of Health to establish minimum guidelines for the procurement, processing, distribution, or use of human milk by donor milk banks. (HB 391)
Tex. Health Code Ann. § 165.002 (1995) authorizes a woman to breastfeed her child in any location.
Tex. Health Code Ann. § 165.003 et seq. provides for the use of a "mother-friendly" designation for businesses who have policies supporting worksite breastfeeding. (HB 340) The law provides for a worksite breastfeeding demonstration project and requires the Department of Health to develop recommendations supporting worksite breastfeeding. (HB 359)
You might print out copies of these laws and bring them to HR and ask that the company follow the law. Be prepared for a non-committal response.
Some of the statutes may include enforcement procedures that seem simple, but employment law is complicated and fact specific. You may wish to consult with an experienced plaintiffs employment attorney in your state. To find a plaintiffs employment attorney in your area, please go to the web site of the National Employment Lawyers Association (NELA). NELA is the largest and most influential bar association in the country for attorneys who represent working people. The web site is www.nela.org, and you can search for attorneys by location and practice area.
Also, NELA has affiliates in every state and in many cities. On the NELA web site, you can look at the list of affiliates. Some attorneys will be listed in the affiliate membership list, some in the national organization membership list, and some in both. Being listed in one or both lists should not influence your selection because attorneys can choose whether or not to purchase the listing in the national directory. Each local affiliate has its own rules for listing.
I hope you can resolve your situation and wish you the best.
*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***
Please note that there is now federal law in place that provides certain rights to breast-feeding women as well. For more information, take a look at the links below.
As was recommended by Attorney Spencer, a first step might be to provide the HR department with a copy of the relevant laws. However, if the HR department is non-committal and/or non-responsive, the woman in question may need to consult with an experienced employment attorney. Many employment attorneys offer free or low cost 30-60 minute consultations, and the woman should take advantage of such a consultation before hiring any one attorney to make sure that she will comfortable proceeding with the attorney in this delicate and personal area.
All the best.
Any answer or other information posted above is general in nature and is not intended, nor should it be construed, as legal advice. This posting does not create an attorney-client relationship between you and the posting attorney, and you are urged to engage a qualified attorney who is licensed to practice in the relevant jurisdiction.
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