09-10-2026
Employer Insight: Bloomberg Law analyzed cases brought under the PUMP Act and found that workers have been particularly successful when compared to other employment statutes.
In 2022, the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) went into effect. The PUMP Act, part of FLSA, requires employers to provide reasonable break times and a private, non-bathroom space for nursing workers to pump milk for up to one year after the birth of a child. Workers alleging PUMP violations may sue for lost wages, reinstatement, and compensatory, liquidated, and punitive damages, as a private right of action.
Bloomberg analyzed roughly a dozen decisions involving the PUMP Act. In about half of those cases, workers survived dismissal, negotiated settlements, went to trial, and in one instance, obtained a favorable jury verdict.
Liz Morris, co-director of the Center for WorkLife Law, told Bloomberg Law that employees suing under the PUMP Act are “faring better” generally than in other employment discrimination matters. She surmised that this success may indicate that employers and their attorneys are not “accurately evaluating the strength” of lactation claims. Most of the cases were brought by non-office workers, for whom it was likely more difficult to find an adequate private space.
A Tennessee medical sonographer who prevailed in a jury trial won more than $200,000 in damages. The jury found she was fired for complaining about her employer’s PUMP violations. She alleged that her supervisors scheduled patients during designated pumping breaks. However, she lost her claims for failure to accommodate. The employer did provide break periods, just not the specific times that she requested.
Notably, three employers successfully pushed back on PUMP claims when the employees did not provide adequate notice that they lacked an appropriate space to pump.
This data serves as a reminder for employers to anticipate requests for nursing accommodations by evaluating and planning nursing space options and break times in advance to ensure nursing mothers are reasonably accommodated.