It was reported in the Miami New Times that Marissa Glatzer, an attorney and nursing mother to a five month old was denied the right to take short breaks during court proceedings last week to pump. She tried to submit a request to take a short break every four hours, but Judge Fred Seraphin denied her plea. The audio exchange was recorded by the attorney’s team:
Glatzer: “I have to pump every three hours and I’m trying the case.”
Judge: “So I guess you’ll find somebody to cover for you?”
Glatzer: “No…”
Judge: “No? Well I’m not going to take a break just because you need to pump.”
In an exclusive interview with Marissa Glatzer she told me she was shocked.
I felt like I was being treated like a second class citizen, all I wanted to do was get some milk for my daughter, it was a 15 minute process. There normally are trial breaks, and other judges have allowed me to pump in the past. It was just so frustrating and shocking that I wasn’t even able to speak and express, and my request was denied.”
According to the United States Department of Labor, in Section 7 of the Fair Labor Standards Act,
Effective March 23, 2010, the Patient Protection and Affordable Care Act amended the FLSA to require employers to provide a nursing mother reasonable break time to express breast milk after the birth of her child. The amendment also requires that employers provide a place for an employee to express breast milk.
Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) is amended by adding at the end the following:
(r)(1)
An employer shall provide—
- a reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to express the milk; and
- 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.
Obviously Glatzer is not an employee of this particular judge who ran unopposed in the last election, but it is clearly not against the law to pump at work. He has the right to rule anyway he pleases in his courtroom, just as all working mothers have the right to pump at work in 49 states and the District of Columbia in this country.
But this story brings up some important questions. Why indeed are mothers sometimes treated like second class citizens in the workplace, given limited maternity leave, and backward glances when it’s time to pump? And why did this particular judge take issue with her need for breaks, when breaks are commonplace in the courtroom?
This story sounds pretty outrageous and just adds fuel to the already fiery breastfeeding debates that are prevalent these days. There are articles written about the pros and cons of formula versus breastmilk. There are mommy wars about whether nursing moms need to cover up. And now women, who choose to work and continue breastfeeding are being told they can’t take a break to pump? It’s silly for anyone to deny this working mother’s need to take care of such a basic necessity, and he clearly made the wrong call. Judge Seraphin’s response to the press thus far has simply been it was a miscommunication.
So as to not miscommunicate let me make this crystal clear; every working mother has the right to pump at work, period. And furthermore, she must be given her own space to do this, free from view of coworkers.
Why didn’t I know about this law when I was a nursing mom?
When I was schlepping my Medela double pump backpack around a baseball field for eight hours in the 97 degree heat, as I looked for any dingy bathroom in the bowels of the stadium to pump. I sat fully clothed on a rusted toilet seat sprayed with urine, and laid out towels that I brought with me for the bottles and my pumping accessories. I carried wipes, soap, and everything else I needed including a cooler so as not to infect my precious milk.
Or at one of the Arenas, where all the office walls are glass, and I had to pull an office chair again into a bit nicer bathroom to pump.
Or in the edit suite at the studio, where I had to shut the door, dim the lights, and put a note on the outside of the door that read, ” DO NOT ENTER.” When I’d emerge I’d hear the snickers from the guys and their sarcastic jokes. Some dads were kind and gave me knowing glances, others would stare at my boobs and say “don’t spill the milk Hewitt!”
Obviously my career is much different from most 9 to 5’ers, and I didn’t have a traditional office workplace when I was nursing. But it was still degrading, sometimes humiliating, and never should have happened. Women deserve more. Mothers who gave life to these men deserve more.
It doesn’t matter what you believe, think, or feel regarding breastfeeding…you can’t deny this simple yet important act for working mothers. And working moms need to inform their employers of Section 7 of the Fair Labor Standards Act if they are not being given the proper time or place to pump. Whether you’re a teacher, a banker, a police office, or a waitress…this is your right.
Unfortunately this judge will be made the poster child for what not to do, but he made that choice when he ruled to deny her request to pump. Glatzer says she thinks an important lesson was learned adding, “I’m pretty sure this will never be an issue in the courthouse again.”
Let’s start having these important conversations and not be afraid to stick up for what we need and what we know is right at work. I wasn’t informed, educated, or confident to be my own advocate then…but now I am. And so are you.
If you are a new mom, here are some breastfeeding tips, and you can follow along on Facebook for parenting and sports content!
My heart breaks and my boobs hurt for this poor new mom. I hate that she had to go through that experience. I know the humiliating glares and comments you talk about.
I used to also pump in the bathroom – until our company was bought by a British Bank – and then I was given my own lactation room with fridge and recliner!
Pumping at work can be done – but you need tough skin as a woman to handle the comments from co workers!
I used to pump in a small conference room. Coworkers would draw pics of cookies and slide them under the door. I had a janitor ignore the Do not enter sign and unlock the door while I was pumping. It was mortifying. After that I started pumping in my SUV with strategically placed sun shields blocking the windows.
I had a nice place to pump while I was at work, in my office. But I also had a field territory to manage, so often times I had to pump in the car, or find an office somewhere else. Most people were quite understanding, and I was never shy about what I was doing and why I needed a space. But the bathroom options? Those are always the WORST, no matter how clean they look.
That is just stupid and that Judge is behaving in a completely unacceptable manner! EVERY mother has the right to pump and breastfeed her baby without anyone else having a say in the matter! I hope this Judge gets some appropriate schooling and bad press for this. As a side note, I vote no against every Judge on the ballot/ It won’t make a difference and they will still get elected, but I want them to know someone is looking at them and holding them accountable.
You are such a great advocate for moms. How ironic that this mother wasn’t allowed to pump in a place of JUSTICE.
Consider this piece Stumbled…my new favorite thing to do 🙂
It’s amazing that in 2015, it’s sometimes easier to get multiple smoke breaks than it is to have timeout to pump.
Word. Good point Eli.
That makes me so sad to hear! It can be so painful to have to wait, and not to mention, time is precious when breastmilk is concerned.
I was a substitute teacher when nursing Scarlet and I used to principal’s office to pump. It was a very nice office, but no lock! So scary!!!!
Thank you for addressing this! I was a high school teacher in a very well off suburban high school, a building FULL OF WORKING MOTHERS. I was the first teacher to be granted a room to pump (this was in 2009). Before me, everyone pumped in the women’s restroom. The room they granted me was an old custodial closet with centipedes crawling across the floor. But everyone told me to be grateful that at least it wasn’t a bathroom with other teachers banging on the door trying to use it during the 5-minute passing period between classes. Such an important issue that does not get nearly the attention it needs.
That is awful! A closet? I don’t understand why employers are not respecting nursing mothers! It’s so frustrating.
You are such an articular writer, I can hear the passion in your words. This piece and the others you have written about working moms and breast feeding is informative, educational and inspirational for others to take action and have this conversation so hopefully they can make breast feeding a norm not a “situation.”
It’s sucks so bad that women still have to go through this. It hurts my heart for any breast feeding and/or pumping mother!
Thank your for addressing this. It’s such an important topic. One of my husband’s co-workers just quit her job because of this very topic. A small company under 50 employees, so it didn’t have to comply with the rules. She was allowed to pump, but the employer deducted her pumping time from her pay. Ugh! And the employer is a woman, making it even more disgusting.
Yes that is one of the amendments, the employer does have that right to deduct pay. It’s unfortunate that women are still being denied this right, thanks for sharing her story.
good information, as always. used to feel bad, not as much for me, but the other person who came into the restroom (when i was pumping) and see that scary thing chugging away! but the best was when i pumped in a live truck at an execution down in florence, arizona. photogs lined up! yep, never forget that one!
So even though the attorney team recorded the audio exchange the judge claims it was a misunderstanding.
I have pumped at two jobs for my middle child and my youngest. Both places were wonderfully accepting. The first job they let me use an office with a table. Although I did choose the bathroom at the second job but it was more of a ladies lounge than a bathroom with a very comfortable chair and clean area to use. I didn’t get anything said to me except from the people that worked beside me in the first one. They didn’t like that I got paid to pump every three hours even though I used normal break times plus about 5 minutes and my lunch time.
This is ridiculous! There are so many closed rooms in a courthouse (think of all the rooms they need for juries to sequester). It’s not likely that they were ALL taken for the entire day. The treatment you got for pumping is pretty horrible too. I can’t imagine being treated that way. Hopefully more employers make the necessary changes to make pumping more accessible to working moms.
Ugh….that makes me furious. Don’t people understand that if women don’t get to pump at a certain time, their breasts can become engorged and all sorts of other problems? Plus, their baby might not have enough milk or their milk production might decrease. Thanks for standing up for moms.
I have so much rage over this. I just cannot even fathom how backwards this is!
One day I will own a fabulous, mom-friendly company and my employees can pump to their hearts’ content!
I know it’s really ridiculous!
PREACH! I am so, so overjoyed you covered this – I am overwhelmingly passionate about bringing this issue to light and squashing it for good. It’s hard enough in America to be a working mom…..now we need to worry about breast pump jokes and privacy laws, too? I remember getting “hazed” at work for needing to pump. The conference room I delegated for pumping was often used even though there were three other (non-lockable) conference rooms open. I was told to pump on the toilet in the three-stall bathroom while other women came in to shit. It was horrific and humiliating and all for what …. so I could make some milk to feed the baby I left behind so I could make enough money to keep clothes on her back and roof over her head?
F-that noise. We’re so far behind the times when it comes to respecting mothers, it’s ridiculous. European countries give mothers up to 12 months to raise their baby before requiring them to head back to work. That’s an entire year of me not even needing a breast pump because I can use my maternity leave to make ends meet while I raise a child. Don’t even get me started on how normal and natural it is to feed your child in other countries, yet is so gross and disgusting here. I love our country with a passion unmatched, but this petty crap has got to go.