Nursing Rights at Work: New Lawsuit Highlights Employer Risk

When it comes to nursing rights at work, a Pennsylvania court just sent a clear message: Mishandling accommodation requests for pumping breaks can create serious liability for employers.

In 2021, Madison Weaver was working as a customer service agent for GAT Airline Ground Support at an airport in Pittsburgh.

GAT customer service agents manned the airline ticket counter, handled gate operations and staffed a baggage service office. GAT usually scheduled three customer service agents per shift and assigned responsibilities based on need.

Weaver told GAT she was pregnant in October 2021, and she began maternity leave in late March 2022.

New Mother Seeks Nursing Rights at Work

Near the end of May 2022, Weaver returned to work on a reduced schedule of two days per week. She told GAT when she returned that she needed to pump milk every three hours so she could avoid pain and blockages.

Weaver says GAT often made her wait beyond the requested interval, and by late June 2022 she had suffered a clogged milk duct. She adds that when she tried to talk to supervisors about her nursing rights at work, she was:

• Admonished for having breastfeeding needs
• Told to stay home until she was done nursing
• Subjected to demeaning comments
• Belittled and embarrassed in front of co-workers, and
• Subjected to “daily expressions of annoyance and hostility.”

Weaver was written up and sent home for pumping at work without authorization, and she says she was told she would not be allowed to work unless she pumped only when GAT told her she could do so.

Employer Defends Its Handling of Accommodation Requests

GAT said it adequately addressed Weaver’s accommodation requests by placing her on a shift that had only two flights; assigning her to a gate near a mother’s lounge; offering her a block of break time for pumping each shift; and offering to compensate her to get to work early to pump just before her shift began.

GAT terminated Weaver’s employment near the start of August of 2022, saying it did so because she left her post without providing proper notice and abandoned her job.

Weaver sued GAT, alleging violations of the Fair Labor Standards Act, Title VII as amended by the Pregnancy Discrimination Act, and state law. She alleged unlawful discrimination, refusal to provide accommodation, harassment/hostile work environment, retaliation and wrongful termination.

GAT filed a motion for summary judgment, and the court issued a ruling that preserved most of the claims Weaver raised.

Court: Discrimination and Retaliation Claims to Move Forward

The court first sided with GAT on Weaver’s claim under the Fair Labor Standards Act. It found that the section she relied on only covers unpaid wages, and since she was paid more than minimum wage for every shift, that claim didn’t apply.

However, the court allowed Weaver’s retaliation claims to move forward. It found that she had exercised her rights by complaining about the pumping restrictions, and that GAT took negative actions against her by writing her up, suspending her and eventually firing her.

The court said Weaver backed up her retaliation claim with enough evidence to move ahead. She was disciplined just days after asserting her rights and fired about six weeks later, and the court noted that hostility toward her appeared to escalate after she sought help meeting her pumping needs.

The court also refused to dismiss Weaver’s discrimination claim, saying there was a genuine question about the real reason she was fired. It also let her hostile work environment claim continue, noting that she provided evidence of “immediate, continuing and escalating hostility” after she returned to work while nursing.

In short, most of Weaver’s case will move forward. This lawsuit shows how courts are viewing limits on nursing breaks as potential discrimination and retaliation risks.

What Employers Should Know About Nursing Rights at Work

The events behind this case happened before the PUMP for Nursing Mothers Act took effect. That law requires employers to give nursing employees reasonable break time and a private space to express milk whenever needed, for up to a year after childbirth. The space cannot be a bathroom, and it must be shielded from view and secure. To stay compliant:

• Set aside a private, secure space where employees can express milk
• Allow flexibility – don’t restrict pumping to preset break times
• Never retaliate against employees who request time to express milk
• Train supervisors to promptly and respectfully handle nursing-related requests, and
• Keep a record of each request and how it was addressed.

Weaver v. GAT Airline Ground Support, Inc., No. 2:23-cv-00869-NBF (W.D. Pa. 9/15/25).