Can I take legal action against my employer for not having access to a lactation room?

UPDATED: Oct 1, 2022

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Can I take legal action against my employer for not having access to a lactation room?

I work for a state agency and I’m a
nursing mother that came back to work 2
months ago. There was 1 week I didn’t
had access to the lactation room I was
assigned due to my employer not leaving
the keys to it. Since the first day i
immediately informed my supervisor but
nothing was done about it. Had to seek
medical help because I was in pain. Is
there anything I could do about this.
Thank you.

Asked on November 21, 2017 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You could file a complaint with the state department of labor, which may choose to investigate and take some action, but there is likely no other action you can take on a cost-effective basis. The civil law (e.g. lawsuits) is designed to provide compensation for actual losses or harm, not simply to vindicate rights, and not to punish those who violate laws or regulations. Discomfort, or even pain, for a week without lasting physical harm will not result in any compensation, or at most only a "de minimis" (minimal) amount. Unless you incurred large out-of-pocket medical bills for which you are seeking reimbursement, you would spend more time, effort and possibly money on the suit (even if you filed "pro se," or as your own attorney) than you'd get back.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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