Nursing Mothers Rights at Work in Colorado: Pumping & Lactation Laws

Federal law, specifically Section 207(r) of the Fair Labor Standards Act (29 U.S.C. § 207(r)), requires employers with 50 or more employees to provide reasonable break time and a private space (other than a bathroom) for nursing mothers to express breast milk. The law applies to all covered employers, including private employers and some public employers.

The federal requirement does not specify how much break time must be provided—only that it must be "reasonable." The law does not require employers to pay nursing mothers for time spent pumping, though if pumping occurs during otherwise paid break time, compensation may be required depending on state law and employer policy. Employers covered by the federal law must comply for up to one year after the child's birth.

The law is enforced by the U.S. Department of Labor Wage and Hour Division. Employees can file complaints with the DOL or pursue private litigation for violations. Remedies may include back pay, damages, and attorney's fees. However, the federal provision does not apply to employers with fewer than 50 employees.

Colorado state law provides complementary and potentially broader protections for nursing mothers than federal law. While Colorado has not enacted a standalone nursing mothers statute identical to some other states, protections arise from the Colorado Parental Leave Act (Colorado Revised Statutes § 8-13.3-1 et seq.) and the Colorado Anti-Discrimination Act (CADA, § 24-34-402).

Colorado employers are covered if they employ one or more employees in the state. This is broader than the federal 50-employee threshold, meaning small employers in Colorado must comply with state anti-discrimination principles when enforcing any policies that affect nursing mothers. Under CADA, discrimination based on pregnancy status, childbirth, or related medical conditions—which includes lactation—is prohibited.

Colorado law does not explicitly define "nursing mothers' rights" in a single statute, but the state has adopted the principle that lactation-related accommodations must be provided where reasonable and where the employee is on a covered leave or returning from parental leave. The Colorado Parental Leave Act requires employers with 50+ employees to provide up to 12 weeks of unpaid, job-protected parental leave for birth and bonding. During and after parental leave, employers may not discriminate against employees on the basis of their need to pump or nurse.

Crucially, Colorado law may require employers to provide pumping breaks even where federal law does not apply (i.e., for employers with 20–49 employees), depending on how state courts and the Colorado Division of Labor and Employment interpret CADA and parental leave protections. Nursing mothers in Colorado should consult state law and employer policy, as Colorado may impose stricter obligations than federal law in some contexts.

Remedies under Colorado law include back pay, reinstatement, compensatory damages, punitive damages in cases of intentional discrimination, and attorney's fees. Complaints can be filed with the Colorado Division of Labor and Employment (formerly the Civil Rights Division) or pursued in state court.

The federal nursing mothers' right does not apply to employers with fewer than 50 employees, though Colorado state law may fill this gap for some employers in certain contexts. The federal law exempts certain types of employers, including the federal government and tribal governments (which have their own rules).

The federal law does not require paid break time for pumping; employers may designate pumping breaks as unpaid time or as part of unpaid meal/rest breaks. However, if an employer provides paid break time to other employees and denies it to nursing mothers, this may constitute discrimination under state law.

The federal law does not apply if a nursing mother is not an employee—independent contractors and volunteers are generally not covered. Additionally, the law applies only to mothers actually lactating and expressing breast milk during the applicable one-year period after childbirth.

COLORADO-SPECIFIC EXCEPTIONS: Colorado's anti-discrimination law contains several defenses available to employers. An employer may avoid liability if it can demonstrate that accommodating a nursing mother would cause undue hardship to the business (though this is a high bar and courts interpret it narrowly). Employers in very small operations or certain remote work settings may argue that providing a dedicated private space is impossible, though they must still attempt reasonable accommodation.

Union contracts and collective bargaining agreements may impose different or additional obligations on employers; union members should review their CBA for specific pumping rights. Additionally, if a nursing mother is on unpaid parental leave, she may not be entitled to pumping breaks during leave (though she remains protected from discrimination).

Eligibility also depends on being an employee in a covered position and not being an independent contractor. Some occupations with specific regulatory frameworks (e.g., certain healthcare or law enforcement roles in federal facilities) may have different rules.

STEP 1: DOCUMENT THE VIOLATION. Keep detailed records of every request for pumping breaks or accommodation, including dates, times, and the employer's response. Save all emails, texts, or written communications from your supervisor or HR regarding pumping accommodations. If the employer denied your request, note the stated reason and any alternative offered. Document how long you typically need to pump (usually 15–30 minutes), how frequently you need breaks, and the storage space available (or lack thereof). If the employer provided only a bathroom or inadequate space, photograph or describe it. Note any retaliation or negative treatment following your request, such as scheduling changes, reduced hours, or negative performance reviews. Keep a log with dates, times, witnesses, and what was said.

STEP 2: MAKE AN INTERNAL COMPLAINT. Request a formal meeting with your Human Resources department or your direct supervisor (or both). Clearly state that you require reasonable break time and a private space to pump breast milk, citing your right under federal and Colorado law. Put your request in writing—email is acceptable—and keep a copy. Request a written response from HR outlining the accommodations the employer will provide. If the employer refuses or offers inadequate accommodations, ask for the reason in writing. This internal step is important because it creates a contemporaneous record and often prompts employers to comply before legal action becomes necessary. Document the employer's response and the date of receipt.

STEP 3: FILE A COMPLAINT WITH THE APPROPRIATE AGENCY. In Colorado, you have two options:

**Option A: Colorado Division of Labor and Employment (State).** File a discrimination complaint with the Colorado Division of Labor and Employment, Civil Rights Unit. Complaints can be filed online at https://www.colorado.gov/cdle/discrimination or by mail to the Denver office. The filing deadline is typically **180 days from the date of the violation** (the date the employer denied your accommodation or retaliated). The complaint must include your name, contact information, employer name and address, date(s) of the violation, description of what happened, and any written evidence (emails, letters, photos of the inadequate space). There is no filing fee. Include a statement that you are alleging discrimination based on sex (pregnancy/lactation status) or retaliation for requesting nursing accommodation. The state will assign an investigator and notify the employer.

**Option B: EEOC (Federal).** If your employer has 50+ employees, you can also file with the Equal Employment Opportunity Commission. In Colorado, the nearest EEOC office is in Denver. File online at https://www.eeoc.gov/filing-charge-discrimination or call 1-800-669-4000. The federal deadline is **180 days from the violation** in Colorado (a deferral state, though some federal rules may apply). The EEOC will investigate or may refer your claim to the state for investigation ("work sharing"). The EEOC investigation typically takes 2–6 months.

STEP 4: AGENCY INVESTIGATION AND RESOLUTION. After you file, the agency (state or EEOC) will send a notice of complaint to your employer. The employer is required to respond within a set time period (typically 20–30 days). An investigator will contact you to gather more details and may request additional documents, such as your job description, any maternity or parental leave records, and communication with HR. The investigator may also interview your supervisor, HR staff, and coworkers. The investigation typically takes 2–6 months, though it can take longer if the case is complex.

During or after the investigation, the agency may attempt to facilitate a settlement (conciliation). If successful, you and the employer agree on remedies, which may include accommodations going forward, back pay if you lost wages due to the denial of pumping breaks, and a notice of non-retaliation. If conciliation fails, the agency will issue a "right to sue" letter, allowing you to file a lawsuit in state or federal court within a time limit (usually 90 days from the letter).

STEP 5: CONSULT AN ATTORNEY. Consider consulting an employment law attorney if (a) your employer refuses to provide any accommodation after your internal request, (b) you face retaliation after requesting pumping breaks, (c) you suffered financial harm (lost wages, forced to leave your job), or (d) the case involves discrimination on multiple grounds (sex, race, or other protected status). Colorado employment law attorneys typically work on a contingency basis (you pay only if you win), especially in discrimination cases. An attorney can represent you before the agency, negotiate a settlement, and file a lawsuit if necessary. Contact the Colorado Bar Association (https://www.coloradobar.org) for attorney referrals. Many nonprofits, such as the Colorado Women's Foundation, also provide low-cost legal consultation for employment issues.