09.08.2014Last week Philadelphia Mayor, Michael A. Nutter, signed into law, City of Philadelphia Bill No. 130922 (“the Bill” or “the Ordinance”), a City ordinance which requires employers to reasonably accommodate an employee’s need to express breast milk in the workplace. The Bill takes effect immediately. The Legislation amends Philadelphia’s Fair Practices Ordinance which now defines the failure to accommodate an employee’s need to express breast milk in the workplace as an unlawful employment practice. As a result, the failure to accommodate an employee’s need to express breast milk in the workplace “is discrimination based on sex and therefore an unlawful business practice…” Reasonable accommodations under the Bill include the following:
- Providing unpaid break time or allowing an employee to use paid break, mealtime, or both, to express milk and;
- Providing a private, sanitary space that is not a bathroom where an employee can express breast milk, so long as these requirements do not impose an undue hardship on an employer.