A former Chipotle employee has taken legal action against the restaurant chain, claiming she was denied a proper space to pump breast milk at work. The lawsuit, filed in a Pennsylvania federal court, alleges the general manager of the location failed to accommodate her needs in violation of the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act).
The employee, identified as the plaintiff in Small v. Chipotle Mexican Grill, Inc., informed her manager that she would need to take pump breaks for shifts lasting six hours or more. Initially, she was told this would be fine. However, she later found her hours reduced. When she confronted her manager, he allegedly told her there was no space available for pumping or milk storage and that scheduling her shifts fairly wasn’t a priority over employees with wider availability.
Now, the plaintiff is seeking a jury trial and damages, including back pay and front pay. Chipotle has declined to comment on the pending lawsuit.
Under the PUMP Act, which became law in 2022, employers must provide reasonable break time and a private, non-bathroom space for employees to pump for up to a year after childbirth. The space must be functional, shielded from view, and free from intrusion. If employees are not fully relieved of duties while pumping, they must be compensated for their time.
In the lawsuit, the former employee stated that instead of complying with the law, Chipotle placed the burden on her, suggesting she find her own storage solution if she wanted longer shifts. The manager also reportedly cited business needs and availability of other workers as reasons for not accommodating her request.
The PUMP Act does have exemptions for certain industries, including airlines and motor carriers. Additionally, companies with fewer than 50 employees may be excused from compliance if they can prove it would cause undue hardship. However, larger employers, including major brands like McDonald’s, Nike, and the U.S. Postal Service, have already faced lawsuits for failing to meet these requirements. Some cases have resulted in significant payouts, such as a $3.8 million jury award to an Arizona paramedic who was denied a proper lactation space.
Despite legal protections, many workplaces still fall short. A 2024 report found that a third of U.S. parents lack reliable lactation spaces, and nearly half are unaware of their legal rights under the PUMP Act. While some employers go above and beyond to support nursing employees, others continue to lag behind, risking both employee dissatisfaction and costly legal battles.
