The Utah Business and Employment Lawyer

  Utah parents have a number of workplace rights during pregnancy, postpartum recovery, breastfeeding, and while on leave for pregnancy or pregnancy related conditions. Both federal and Utah laws protect your ability to pump at work, take pregnancy-related accommodations, take necessary leave and remain free from discrimination or retaliation.  Under federal law, the Fair Labor Standards Act (FLSA) and the PUMP Act require most employers to provide reasonable break time whenever an employee needs to express breast milk for up to one year following childbirth. Employers must also provide a private lactation space that is not a bathroom, shielded from view, and free from intrusion by coworkers or the public. If your workplace offers paid breaks, they must remain paid when used for pumping. Additional pumping time may be unpaid only if you are completely relieved of all duties. The PUMP Act also expands protections to many salaried, part-time, and previously excluded empl...

In a decision written by Justice Breyer the United States Supreme Court in Young v. United Parcel Service, Inc. reaffirmed protections for pregnant workers under the Pregnancy Discrimination Act.  In its decision, the Court held that a pregnant worker may show disparate treatment by showing that she sought an accommodation, that the employer failed to accommodate her, but that the employer accommodated other non-pregnant employees who were "similar in their ability or inability to work." The Court further held that an employee can create a triable jury issue by providing evidence that the employer's policies prohibiting accommodation for pregnant workers impose a significant burden, and that the employer's reason for the policy are not sufficiently strong to justify the burden, but instead give rise to an inference of intentional discrimination. Peggy Young, the appellant, worked for UPS as a delivery driver.  She requested a leave of absence in order to undergo...