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Abstract

Working moms are a force to be reckoned with. They often balance demanding jobs with equally demanding familial obligations. They pack lunches, schedule play dates, and head the soccer team carpool while juggling client needs and prepping for board meetings. But sometimes, when a new mother is ready to jump back into the workforce, she is met with a difficult decision—whether or not to continue breastfeeding her baby. Even though she is a force to be reckoned with, does her workplace provide the support that she needs to continue to provide breast milk to her baby? Questions present themselves about whether there will be enough time during the workday, whether there will be a clean and private space, or whether there will be repercussions for pumping breast milk at work. Historically, the law did not protect women who were discriminated against at work for pumping breast milk. However, the enactment of the Pregnancy Discrimination Act (PDA) and recent case law interpreting the PDA demonstrate that pumping breast milk in the work place should be protected from discrimination. Additionally, the Patient Protection and Affordable Care Act (PPACA) requires certain employers to provide accommodations to those women who wish to pump breast milk at work. There is work left to do, however, in order to protect every woman who wishes to pump breast milk at work from discrimination and to provide accommodations to each of those women.

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