There are a number of protections for Nevadans who are pregnant or breastfeeding, or are seeking accommodations to express milk while at work or school. This may not be a comprehensive list, but includes the protections we are aware of to support pregnant or breastfeeding parents in public, work, or school to feed their infants. This list should not be used as a substitute for actual legal advice.
Breastfeeding in Public
NRS 201.232 Breastfeeding in Public
Notwithstanding any other provision of law, a mother may breast feed her child in any public or private location where the mother is otherwise authorized to be, irrespective of whether the nipple of the mother’s breast is uncovered during or incidental to the breast feeding.
For more information, please visit: https://www.leg.state.nv.us/NRS/NRS-201.html#NRS201Sec232
NRS 608.0193 and NRS 281.755 Breaktime for Nursing Mothers
AN ACT relating to public health; requiring certain employers to provide reasonable break times and a place for an employee who is a nursing mother to express breast milk; prohibiting an employer from retaliating against an employee for certain actions relating to this requirement; authorizing a public employee who is aggrieved by an employer’s failure to comply with this requirement or for retaliation by the employer to file a complaint; requiring the Local Government Employee-Management Relations Board to provide for an expedited review of such complaints by local government employees; exempting certain small employers and contractors from this requirement; authorizing the Labor Commissioner to enforce the requirement against a private employer; providing a penalty; and providing other matters properly relating thereto.
For more information on NRS 608.0193, please visit: https://www.leg.state.nv.us/nrs/NRS-608.html#NRS608Sec0193
For more information on NRS 281.755, please visit: https://www.leg.state.nv.us/NRS/NRS-281.html#NRS281Sec755
NRS 613.4353-613.4383 Nevada Pregnant Workers’ Fairness Act
AN ACT relating to employment; establishing the Nevada Pregnant Workers’ Fairness Act; requiring certain employers to provide reasonable accommodations to female employees and applicants for employment for a condition of the employee or applicant relating to pregnancy, childbirth or a related medical condition, except in certain circumstances; prohibiting certain other discriminatory practices by employers relating to pregnancy, childbirth or a related medical condition; authorizing the Nevada Equal Rights Commission to investigate complaints of such unlawful employment practices; requiring the Commission to carry out programs to educate employers and others about certain rights and responsibilities; and providing other matters properly relating thereto.
For more information, please visit: https://www.leg.state.nv.us/NRS/NRS-613.html#NRS613Sec4353
Breaktime for Nursing Mothers
Federal law requires employers to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth each time whenever the employee has a need to express the milk as part of the Fair Labor Standards Act of 2010 (Section 7 of the FLSA). Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk. It has been updated with the passage of the PUMP Act, see below.
For more information, please visit: https://www.dol.gov/agencies/whd/nursing-mothers
The Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act was signed into federal law on December 29, 2022, but goes into effect April 28, 2023 with the exception of railway workers, who will not have this protection for an additional 3 years. The PUMP Act amends Breaktime for Nursing Mothers and provides workers with the right to breaktime and space to pump breast milk at work to additional workers who were previously excluded, such as teachers or nurses. The PUMP Act also clarifies pumping time must be paid if an employee is not completely relieved from duty and makes it possible for workers to file a lawsuit to seek monetary remedies in the event their employer fails to comply. The federal Wage and Hour Division enforces Breaktime for Nursing Mothers, including the amendments to it made by the PUMP Act.
For more information, please visit: https://www.dol.gov/agencies/whd/fact-sheets/73-flsa-break-time-nursing-mother
Federal-Pregnancy Discrimination Act
The Pregnancy Discrimination Act (PDA) is an amendment to Title VII of the Civil Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII. Women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees who are similar in their ability or inability to work.
For more information, please visit: https://www1.eeoc.gov/eeoc/publications/fs-preg.cfm?renderforprint=1
Federal-Pregnant Workers Fairness Act
The Pregnant Workers Fairness Act (PWFA) was signed into law December 29, 2023 but will become effective June 27, 2023. The PWFA gives workers the right to receive accommodations, such as light duty, breaks, a stool to sit on, etc., for pregnancy, childbirth recovery, and related medical conditions, including lactation, unless this would pose an undue hardship to their employer. Employers are now required to have a conversation with a worker seeking accommodations regarding the employee’s needs and the reasonable accommodations which could meet those needs. Employees are protected from retaliation under the law, which applies to employees of the federal government and private employers with at least 15 employees.
For more information, please visit: https://www.congress.gov/bill/117th-congress/senate-bill/4431/text or https://www.abetterbalance.org/resources/pregnant-workers-fairness-act-explainer/
Title VII of the 1964 Civil Rights Act
Title VII prohibits employment discrimination based on race, color, religion, sex and national origin.
“…The terms “because of sex” or “on the basis of sex” include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-¬related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and nothing in section 2000e-2(h) of this title [section 703(h)] shall be interpreted to permit otherwise.”
For more information, please visit: https://www.eeoc.gov/laws/statutes/titlevii.cfm
Title IX of the Education Amendments of 1972
Protects people from discrimination based on sex in education programs or activities that receive federal financial assistance at schools, local and state education agencies and other institutions which receive federal funds. Title IX states, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
For more information, please visit: https://www.justice.gov/crt/title-ix-education-amendments-1972
To learn more about filing a complaint with OCR, please visit https://www2.ed.gov/about/offices/list/ocr/complaintintro.html. For assistance related to Title IX or other civil rights laws, please contact OCR at OCR@ed.gov or 800-421-3481, TDD 800-877-8339.
ACLU Women’s Rights’ Project
The ACLU Women’s Rights Project has been the principal group responsible for systematic legal reform through the courts in the areas of women’s equality and economic rights. It has been the role of the Women’s Rights Project to articulate the principles that persuade courts to utilize both the Constitution and federal statutes to strike down legal barriers to full equality for women, including a focus on structural barriers and failure to accommodate pregnancy or breastfeeding.
Center for Work-Life Law
Provides free legal information regarding the legal rights of breastfeeding employees and students, including referrals to attorneys across the United States. Available in English, Spanish and other languages.
The Bottles and Breastfeeding Equipment Screening (BABES) Act was signed into law on December 16, 2016, and requires the Transportation Security Administration (TSA) to notify air carriers, TSA security personnel, and private security screening personnel of TSA’s 3-1-1 Liquids Rule Exemption guidelines allowing baby formula, breast milk, purified deionized water for infants, and juice on airlines. The law also requires training for TSA security personnel and private security screening personnel.
For more information, please visit: https://www.congress.gov/bill/114th-congress/house-bill/5065 or https://www.tsa.gov/travel/special-procedures/traveling-children
Nevada Breastfeeds goal is to educate new parents, employers and the healthcare industry on the latest breastfeeding information, resources, and legislation.
For more information, please visit: http://nevadabreastfeeds.org/
Nevada Worksite Wellness
Nevada Worksite Wellness discusses the benefits of having babies at work, and provides employers with guidance and draft policies to implement a program at your workplace. For more information, please visit: https://www.nevadaworksitewellness.org/nevadas-baby-friendly-worksite-program/about-baby-friendly/
Office on Women’s Health
Office on Women’s Health Breastfeeding provides information on breastfeeding; deciding to breastfeed, how to breastfeed, challenges, pumping and storing, breastfeeding at home, work, and in public and other breastfeeding resources.
For more information, please visit: https://www.womenshealth.gov/breastfeeding
The Pregnant Scholar
Title IX is a federal law that prohibits discrimination, protects pregnant and parenting students and postdocs. Title IX protections apply in and out of the classroom and requires schools to excuse absences for pregnancy, childbirth, or related conditions. Title IX requires schools to provide pregnant students with services and accommodations equal to those provided to non-pregnant students and your school must provide a Title IX complaint process.
For more information, please visit:https://thepregnantscholar.org/title-ix-basics/
For more information on Title IX, please visit: https://www.dol.gov/oasam/regs/statutes/titleix.htm
For online tools for students, faculty and administrators on pregnancy and parenting and Title IX, please visit: https://thepregnantscholar.org/supporting-students/
This online resource center provides tools and educational materials for pregnant women, the healthcare professionals who treat them, and the attorneys who represent them. It also has useful materials for companies, human resources professionals, and management attorneys that can assist in navigating the many legal and practical considerations around pregnancy accommodation.
For more information, please visit: https://www.pregnantatwork.org/