In plain words
Undue hardship is a legal test. It is the narrow reason an employer may avoid giving a worker pumping time or a private space. Under federal law, undue hardship means significant difficulty or expense. The test looks at the employer's size, money, and the nature of the business. California's lactation rules have narrow exemptions of their own, with details in the Labor Code. An employer that says a request would be hard is not automatically excused. The exemption is not a reason to refuse a request without a real basis. A refusal can be raised with the or the Civil Rights Department. The exemption is meant to be narrow.
The deeper version
The 's undue hardship defense, codified in the , uses the ADA-style standard of significant difficulty or expense, judged by factors including the size, financial resources, and nature of the employer's operation. California Labor Code sections 1030 through 1034 set narrow exemptions in their own words and require a written policy. The defense is generally treated as an affirmative defense that the employer must establish. The standard is fact-specific. Case law under the 2022 federal provision is still developing, so the boundaries of the defense remain uncertain.
Where it comes up
- Lactation accommodation at work: your rights in CaliforniaCalifornia: Leave, Money, and Paperwork
- Returning to work and pumpingFeeding Your Baby
- Working while pregnantPregnancy: Mind and Life
- Going back to work: the feelings partPostpartum: Mind
What mothers here say about undue hardship
No one has posted under this term yet.
Sources
- State of California — California Labor Code sections 1030 through 1034 (lactation accommodation)
- US Congress — PUMP for Nursing Mothers Act, 2022, definition of undue hardship