October 22, 2015

Nursing Mothers’ Rights

Posted in Breastfeeding & Nursing Mothers' Rights, Discrimination, Gender / Sex tagged , , , , , , at 10:21 am by Tom Jacobson

BabyThough it’s been done since the beginning of time, breastfeeding in public made waves this summer when our local paper asked for comments from its readers (see It’s Your Turn: Facebook readers share thoughts on breastfeeding, Echo Press Sept. 4, 2015; A mom’s dilemma, Echo Press Sept. 4, 2015). The waves have calmed, but they exposed misunderstanding about nursing mothers’ rights. Let’s clear the air, in particular with regard to the rights of mothers who need to express breast milk while at work.

First, nursing a child in public is perfectly legal in Minnesota. Breastfeeding is an exception to the state’s prohibition of indecent exposure.

Second, mothers who need to express breast milk while at work have the right to do so in most Minnesota workplaces. This has been the law in Minnesota since 1998, but these rights were expanded in 2014 as a part of the Women’s Economic Security Act. The following will address some of the most common questions about this law.

What basic benefit does the law require employers to provide? Employers must provide reasonable unpaid break time each day to an employee who needs to express breast milk for her infant child.

 

When must the break be provided? The break time must, if possible, run concurrently with any break time already provided to the employee.

 

What space must the employer provide for the break? The employer must make reasonable efforts to provide a room or other location, in close proximity to the work area, other than a bathroom or a toilet stall, that is shielded from view and free from intrusion from coworkers and the public and that includes access to an electrical outlet, where the employee can express her milk in privacy.

 

Are there any exceptions to the law? Yes. An employer is not required to provide break time under this law if doing so would unduly disrupt the employer’s operations.

 

Are all Minnesota employers covered by this law? Yes. The law defines “employer” to include “a person or entity that employs one or more employees and includes the state and its political subdivisions.”

 

What other protections does the law provide to employees? Employers must not retaliate against an employee for asserting rights or remedies the law.

 

What remedies are available to an employee if an employer breaks this law? Employees may bring a civil action to recover monetary damages, plus their court costs and reasonable attorney’s fees. They may also seek injunctive and other equitable relief to be determined by a court.

 

Is there a state agency that could get involved in disputes regarding this law? Yes. The Minnesota Department of Labor’s Division of Labor Standards and Apprenticeship has been given the authority to receive complaints of employees against employers relating to this law. The division’s role is to attempt to resolve employee complaints by informing employees and employers of the provisions of the law and directing employers to comply with it. The division is required contact the employer within two business days and investigate the complaint within ten days of receipt of the complaint.

For more information about the rights of nursing mothers or guidance on how to develop or enforce policies and procedures to address these rights, please contact me at taj@alexandriamnlaw.com.

The comments posted in this blog are for general informational purposes only. They are not to be considered as legal advice, and they do not establish an attorney-client relationship. For legal advice regarding your specific situation, please consult your attorney.

Copyright 2015 Swenson Lervick Syverson Trosvig Jacobson Schultz Cass, PA
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October 6, 2015

Jack Link’s Missing Link: Company Pays $50K to Settle Claim of Ongoing Sexual Harassment

Posted in Discrimination, Employee Handbooks, Gender / Sex, Harassment, Harassment, Hostile Work Environment, Minnesota Human Rights Act, Sexual Harassment, Sexual Harassment, Title VII of the Civil Rights Act of 1964, Uncategorized tagged , , , , , , , at 10:28 am by Tom Jacobson

A recently settled Minnesota Department of Human Rights charge against Jack Link’s Beef Jerky emphasizes the importance of follow-through when responding to sexual harassment allegations. According to the Department, Jack Link’s initially took the “right step” in disciplining the alleged harasser but then failed to monitor the situation, which included ongoing harassment.

Specifically, MDHR reports that shortly after being hired by Jack Link’s, a female employee’s supervisor made sexual advances toward her, called her “baby,” said she was beautiful, asked if she was single, chanted “pack baby pack,” and asked if he was too old for her. The Department also reports that although Jack Link’s initially disciplined the supervisor, the company then promoted him to be woman’s direct supervisor, after which he continued to harass the employee. Claiming she could no longer tolerate the work environment, the woman quit.

Thus, based on the MDHR’s findings, the missing link in Jack Link’s response was the lack of follow-through and monitoring. As noted by MDHR Commissioner Kevin Lindsey:

This is an unusual case in that the employer took the right step in originally disciplining the supervisor. The employer however undermined its efforts by not subsequently monitoring the actions of the alleged harasser. Employers need to maintain contact with the employee who has complained of sexual harassment to make sure that the measures that they have undertaken are actually working.

To settle the charge, Jack Link’s agreed to pay the victim $50,000.00 and to provide training on the Minnesota Human Rights Act and how to properly respond to sexual harassment allegations.

Generally speaking, employers must first take steps to prevent unlawful workplace harassment. But if, despite those efforts, an employee claims that harassment has occurred, employers must take prompt action to correct and stop that behavior. As the Jack Link’s case points out, this includes careful monitoring and follow-through to make sure the harassment does not continue or recur.

For more information about this article or about the harassment training, policy development, and related services I can provide, please contact me at alexandriamnlaw.com or  taj@alexandriamnlaw.com.

The comments posted in this blog are for general informational purposes only. They are not to be considered as legal advice, and they do not establish an attorney-client relationship. For legal advice regarding your specific situation, please consult your attorney.

Copyright 2015 Swenson Lervick Syverson Trosvig Jacobson Schultz Cass, PA

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