Legal landscape note: This article was originally published in 2015 and describes the law as it stood at that time. New Jersey law changes frequently.
Overview
You return to work after having a child and ask for time and a private place to pump. Your employer tells you to use a bathroom, refuses breaks, cuts your hours, or threatens your job. Federal and New Jersey law provide protections against that treatment, including workplace accommodation requirements and remedies for discrimination or retaliation.
When an employer refuses to provide reasonable break time, a private space, or basic accommodations for pumping, they may be violating the Affordable Care Act (ACA), the New Jersey Law Against Discrimination (N.J.S.A. 10:5-1 et seq.), and potentially the New Jersey Pregnant Workers' Fairness Act. If you have been fired, demoted, or otherwise penalized for needing to pump breast milk at work, you may have grounds for a legal claim.
Federal Protections Under the ACA
The Affordable Care Act amended the Fair Labor Standards Act to require employers to provide breastfeeding mothers with:
- A private place (not a bathroom) to pump breast milk
- Adequate break time to express milk until the child is one year old
The ACA does not require employers to compensate employees for time spent pumping beyond the normal paid break period. However, if a pump break exceeds the employer's usual paid break time, the portion equal to the normal break should be compensated. For example, if an employer offers two 15-minute paid breaks per shift, and a pumping session takes 30 minutes, at least 15 minutes of that time must be paid.
New Jersey State Protections
New Jersey law provides additional layers of protection. N.J.S.A. 26:4B-4 protects breastfeeding mothers in public places, and the New Jersey Law Against Discrimination prohibits gender-based discrimination in employment. Under the New Jersey Pregnant Workers' Fairness Act, employers must provide reasonable accommodations for pregnancy and pregnancy-related conditions--including lactation--unless doing so would impose an undue hardship.
The New Jersey Supreme Court has long recognized that adverse employment actions motivated by pregnancy or gender-based stereotypes violate state anti-discrimination law. An employer who claims a position requires an employee to be "at the desk at all times" and refuses to allow even brief pumping breaks may be engaging in unlawful discrimination.
What Reasonable Accommodation Looks Like
Reasonable accommodations for breastfeeding employees typically include:
- Two to three short breaks during an 8-hour shift
- Access to a private, clean room with an electrical outlet (not a restroom)
- Flexibility in scheduling breaks to align with the employee's pumping needs
- Temporary reassignment to a position that allows for breaks, if necessary
Employers who refuse to provide any accommodation--or who retaliate against employees for requesting accommodations--may face significant legal consequences.
Retaliation Is Illegal
An employer cannot fire, demote, reduce hours, or otherwise discriminate against an employee because they requested accommodations for pumping or because they filed a complaint about discriminatory treatment. Such retaliation is independently unlawful under both federal and New Jersey law.
Key Takeaways
- The ACA requires employers to provide breastfeeding mothers a private, non-bathroom space and break time
- New Jersey's Law Against Discrimination and Pregnant Workers' Fairness Act provide additional protections
- Reasonable accommodations include break time, private space, and temporary schedule adjustments
- Retaliation for requesting pumping accommodations is unlawful under state and federal law
- If you have been discriminated against for breastfeeding needs, consult an employment law attorney
Reviewed by Britt J. Simon, Esq., Managing Partner -- Simon Law Group, LLC -- May 2026
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