Madam Speaker, I thank the gentleman for yielding and for his incredible leadership in this body. I rise today in strong support of H.R. 3110, the PUMP for Nursing Mothers Act, a bipartisan bill I authored with Representative Herrera…
Madam Speaker, I thank the gentleman for yielding and for his incredible leadership in this body.
I rise today in strong support of H.R. 3110, the PUMP for Nursing Mothers Act, a bipartisan bill I authored with Representative Herrera Beutler. Our bill has also been introduced in the Senate by Senators Merkley and Murkowski.
When I first came to Congress, working mothers would come to me, often in tears, and advocate for a place to safely pump breast milk. Often, they were fired, ridiculed, forbidden, or forced to pump milk in bathrooms.
Since those years, I have worked for on-site lactation rooms, here in government and really everywhere in our country.
In 1998, I passed a provision allowing State WIC agencies to purchase breast pumps for new mothers, making it easier for low-income moms to choose breastfeeding.
In 1999, Congress passed my bill to guarantee the right to breastfeed on Federal property.
Most recently, Senator Merkley and I passed the Break Time for Nursing Mothers as part of the Affordable Care Act. This act provides employees with critical protections to provide break time for nursing mothers and a private place to pump milk.
The PUMP for Nursing Mothers Act we are considering today builds on the Break Time Act by protecting the nearly 9 million employees who were not originally included in these protections. Those covered by the PUMP for Nursing Mothers Act now include teachers, nurses, farmworkers, and software engineers, to name a few.
The PUMP for Nursing Mothers Act would also ensure that nursing mothers have remedies if their employers fire them or violate these breastfeeding protections. In addition, if an employee is fired for taking a break, the PUMP Act ensures that workers can seek reinstatement.
It also extends breastfeeding protections for 2 years, in line with recommendations from the World Health Organization.
Over 150 organizations have endorsed this important legislation. I include in the Record letters of support from some of those organizations, including the Center for WorkLife Law, and MomsRising, to name a few.
Written Statement of the Center for WorkLife Law Before the United
States House of Representatives--September 24, 2021
Dear Speaker Pelosi, Minority Leader McCarthy, Members of
the U.S. House of Representatives: The Center for WorkLife
Law submits this letter to the U.S. House of Representatives
in full support of the Providing Urgent Maternal Protections
(PUMP) for Nursing Mothers Act (H.R. 3110).
The Center for WorkLife Law is a research and advocacy
organization that seeks to advance gender, racial, and class
equity in employment and education. We collaborate with
employees, employers, attorneys, and government officials to
identify practical and legal solutions to work-family issues.
WorkLife Law's 2019 report Exposed: Discrimination Against
Breastfeeding Workers found that shortcomings of the existing
Break Time for Nursing Mothers law have caused lactating
employees to face significant obstacles at work. Even with
the current law's protections, breastfeeding employees
leaking milk have been denied permission to take pumping
breaks; they have been fired just for asking; and refused
privacy, forcing them to pump milk with their breasts exposed
to coworkers, clients, and the public in physically unsafe
conditions. Employees who do not receive the break time and
private space they need can face serious health consequences,
including illness and painful infections, diminished milk
supply, and weaning earlier than doctors recommend. Many
employees also suffer economic losses when they are fired or
forced to resign following a request for lactation
accommodations.
The PUMP Act would correct key shortcomings of existing law
that undermine the economic security and health of women and
their families.
Closing the Coverage Gap that Excludes Millions of Workers
Nearly 9 million women of childbearing age are currently
excluded from the protections of the Break Time for Nursing
Mothers Law, meaning they have no clear federal right to
receive break time and private space to pump milk during the
workday. This exclusion was unintentional at the time the law
was enacted. The resulting coverage gap is considerable and
impacts employees in a wide range of occupations, including
many of those working in the top two pink-collar occupations:
nursing and teaching. The PUMP Act would correct this
senseless exclusion to bring all workers whose employers are
covered by the FLSA under the law's protection.
Providing Appropriate Remedies to Encourage Compliance
Even when clear violations occur, the Break Time for
Nursing Mothers provision cannot be counted on to deliver
appropriate remedies in a court of law. Because employers
cannot be held accountable for intentional legal violations,
noncompliance has been widespread. As one judge expressed in
the case of an EMT who was fired simply for asking that she
be given break time and space: ``While the Court is
sympathetic to Plaintiff's argument that this renders [the
Nursing Mothers law] ineffective, there is no support from
the case law or DOL [Department of Labor]'' to provide a
remedy. Another federal judge observed: ``An employer faced
with a request to allow an employee to take breaks to
breastfeed may simply fire the employee rather than attempt
to accommodate the request for breaks. And indeed, the Center
for WorkLife Law has heard from too many workers whose
employers have done exactly that.
The PUMP Act would correct this absurdity and encourage
employers to follow the law by making remedies that are
already available in other employment law contexts equally
available to breastfeeding workers.
However, the PUMP Act is not expected to lead to a
significant increase in lawsuits. A recent analysis by the
Center for WorkLife Law found that while enforceable laws
increase breastfeeding rates, they do not cause a meaningful
increase in litigation rates. The study reviewed all cases
filed in each state with enforceable lactation break time and
space laws (similar to the PUMP Act) through 2020 and found:
Litigation rates for violations of the state laws were
extremely low. Over the combined forty-seven years that the
four jurisdictions' break time and space laws have been in
effect, there were only six (6) cases total.
The annual likeihood a private employer will be sued under
a break time and space law is essentially zero (0.0002
percent). A business owner is over 25 times more likely to be
struck by lightning in their lifetime.
Notably, the state laws WorkLife Law studied do not include
the additional employer protection found in the PUMP Act that
gives businesses 10 days to correct space violations before
any lawsuit can be filed, a provision that will further
decrease the number of lawsuits that would be filed should
the PUMP Act pass.
The PUMP Act is a balanced approach that meets the needs of
breastfeeding employees while also serving employers who make
reasonable attempts to follow the law. When employers have
clear standards to meet, and appropriate consequences if they
don't, employers have shown that they are able to provide the
break time and space that working mothers need. Complying
with break time and space requirements is simple, and
creative solutions exist in all industries. As described by
the U.S. Department of Health and Human Services, employers
that support breastfeeding with affordable solutions realize
cost savings from increased loyalty and retention, reduced
sick time, and decreased health care and insurance costs.
Our organization urges all members of Congress to vote in
support because the PUMP for Nursing Mothers Act would ensure
that all breastfeeding women have the full protection of the
law and ability to meet their basic needs while away from
their nursing babies during the workday. It is a simple
solution that promotes maternal and child health, as well as
the economic security of women and families.
Thank you for your consideration.
Sincerely,
Liz Morris,
Center for WorkLife Law,
UC Hastings College of the Law.
As these organizations have demonstrated, without these protections, nursing mothers face serious health consequences, including the risk of painful illness and the inability to continue to breastfeed.
Studies have shown the health benefits for breastfed infants. It is really important and can prevent other diseases.
These basic protections would ensure that working moms who want to breastfeed can continue to do so and prevent nursing mothers from being singled out, ridiculed, or fired.
This bill is an important step for work-family balance. We say we support families. Today is a vote for families, work-family balance, and mothers and infants.
Madam Speaker, I urge a strong ``yes'' bipartisan vote.
Madam Speaker, I rise strongly in support of the amendment offered by Representative Deborah Ross from North Carolina, and I thank her for her leadership in North Carolina and here in Congress for working mothers, for infants, for families. We need more work-family balance. We need more support for working mothers.
We now know with COVID that many families are not going back to work; they are reassessing their values. When you have a child and you want to breastfeed, and there is no accommodation, there really is no way you can go back to work, so this is pro-business, pro-worker, and pro- family.
Her amendment directs the U.S. Government Accountability Office, GAO, to conduct a study on how employers are complying with the PUMP for Nursing Mothers Act. Even the best legislation must be monitored.
I am excited about the opportunity to ensure that employers are protecting the rights of nursing mothers. It is pro-family when you protect our mothers and our children.
Madam Speaker, I thank the gentlewoman for yielding and for her leadership on this important bill.
Madam Speaker, I strongly support the amendment offered by Representative Strickland from Washington. It is sensitive, important, and strengthens the bill. It directs the Comptroller General to conduct a study on racial disparities in breastfeeding and submit recommendations to Congress that address those disparities.
As a member of the Black Maternal Health Caucus, we are studying disparities in this caucus on healthcare and the challenges that some women face.
Breastfeeding contains many health benefits for children and for their mothers and should be accessible to all women no matter what their race, and we should study any disparity and try to strengthen access and availability.
This is an excellent amendment, and I support the gentlewoman for her work and sensitivity.