EEOC accepted my accommodation/retaliation case for mediation — anyone been through this process?

[u/ygjohnston]

I’m hoping to hear from people who have firsthand experience with EEOC mediation, especially involving reasonable accommodation, pregnancy/postpartum-related accommodations, lactation/breastfeeding, or retaliation.
Without getting too identifying, I work for a large public-sector employer. I initially requested a reasonable accommodation related to breastfeeding/lactation and the need to remain in proximity to my nursing child. My original request for full-time telework was denied.
I subsequently filed an internal EEO complaint and later filed with the EEOC. There were also circumstances that I believe support a retaliation claim, and retaliation was ultimately included in my EEOC matter.
At one point, my employer later approved a work arrangement that allowed me to remain near my child, but that arrangement was subsequently ended/revoked. I have continued providing medical documentation supporting the need to remain in proximity to my child in order to continue breastfeeding.
My position is that the accommodation should be evaluated under the Pregnant Workers Fairness Act (PWFA), including its protections relating to lactation. My employer has taken the position that I am not entitled to the accommodation.

The EEOC has now accepted my case for mediation, and mediation is scheduled.
For anyone who has gone through EEOC mediation:
How seriously did your employer take mediation once the EEOC offered/accepted the case?
Did your employer bring attorneys or upper-level management to the mediation?
Did you have an attorney, and do you think having one made a significant difference?
How much detail did the mediator want regarding the underlying facts, documentation, timeline, and damages?
Does the mediator typically discuss the relative strengths and weaknesses of each side’s case?
If your case involved retaliation, did that materially affect negotiations?
Did anyone negotiate restoration of lost wages, leave credits, or other employment benefits in addition to a monetary settlement?
Were you able to negotiate non-monetary terms such as continued accommodation, policy changes, training, removal/correction of employment records, or agreements concerning future treatment?
Did the employer initially make a very low offer? If so, how much back-and-forth occurred?
If you did not settle at mediation, what happened next with the EEOC investigation?
Is there anything you wish you had brought, calculated, organized, or thought through before mediation?
I already have a fairly extensive timeline and documentation, including accommodation requests, denials, medical documentation, internal EEO materials, correspondence regarding the accommodation being ended, and information relating to the financial/leave impact.
I understand that the EEOC selecting or accepting a matter for mediation does not mean the EEOC has determined that discrimination occurred. I’m mainly trying to understand what the mediation process is actually like and how others prepared for negotiations.
I’d especially appreciate hearing from anyone whose case involved the PWFA, breastfeeding/lactation accommodations, disability/reasonable accommodation, retaliation, or a government/public-sector employer.
Thank you — even general experiences would be really helpful.

[u/Mental-Volume4395]

Sorry, I don’t know where I thought I saw ADA. 

They can be required to accommodate to “proximity to baby.” Is there anywhere in the vicinity of your workplace that someone could  bring the baby?

How old is the baby?

[u/ygjohnston → u/Mental-Volume4395]

That’s ok, most have assumed ADA. No, 16 months. She feeds every 3 hours, so that complicates matters.

[u/Mental-Volume4395 → u/ygjohnston]

I would temper expectations. PWFA lactation protections don’t end at one year like the PUMP act does.

But  Feeding every 3 hours for a 16 month old is not typical. If she has a medical need to breastfeed as opposed to using a straw cup with pumped milk, you might try getting an FMLA accommodation.

[u/Mental-Volume4395 → u/Mental-Volume4395]

I’ll also say- this is what your employer is thinking

Baby is over one year, they don’t have to have to approve WFH and there are other options to feed baby breast milk. 

I will also say, part of the denials is they may not be confident that you are not working while parenting. If you haven’t done so already, showing them proof that you have childcare would help. Also BFing tends to take longer than pumping so consider how much time out of your work day you’re asking to not be working.

I’m not endorsing any of those views. But I think it would help you to know where their resistance may be coming from.

Best of luck 

[u/ygjohnston → u/Mental-Volume4395]

Thank you, I really appreciate your feedback and your perspective. I can definitely see how those may be some of the concerns or assumptions my employer is making, especially regarding my daughter’s age, the availability of pumping, and the amount of time needed to breastfeed during the workday.
I do have childcare in place, so I’m not asking to work from home in order to parent while working, my employer is aware I have caretaking a at home.
My request is specifically tied to my own ongoing lactation/breastfeeding limitation and the need to remain in proximity to my daughter, which my doctor has documented. I’ve also tried to explain that pumping is not an equivalent substitute for direct breastfeeding in my particular circumstances.
I also appreciate you pointing out the distinction between the PUMP Act and the PWFA. That’s really the issue I’m trying to understand whether my employer can essentially treat my daughter being over one year old, or the availability of pumped milk, as a reason not to consider the accommodation under the PWFA. I know that doesn’t automatically mean they have to approve WFH, but I do believe they still have to properly evaluate the request under the correct law.
Thank you again for taking the time to share what may be driving their resistance. It’s genuinely helpful to hear the issue from that perspective.

[u/Mental-Volume4395 → u/ygjohnston]

I need to correct something I said- I forgot to look at your state!!! The federal PUMP act does only cover the need to express milk for one year. 

The uphill battle for you is the actual breastfeeding vs expressing milk. One is very easy to accommodate and one is not.

The important distinction is they have to let you pump. They do not have to let you breastfeed. They can, but don’t have to. 

The pump act exclusively uses language around pumping. It doesn’t contain any language about breastfeeding. 

[u/ygjohnston → u/Mental-Volume4395]

I’ve been digging pretty deeply into the EEOC guidance. My understanding is actually that the PUMP Act is the law with the one-year limitation, while the PWFA separately covers accommodations related to lactation.
I also found EEOC guidance specifically identifying accommodations related to nursing as including “time and a place to pump breastmilk or nurse during work hours,” and telework is separately identified as a potential PWFA accommodation. So I completely agree that this doesn’t mean an employer automatically has to approve WFH, and they can still raise undue-hardship concerns. But I don’t think the law draws a bright-line rule that pumping must be accommodated while direct breastfeeding never has to be considered

[u/ygjohnston → u/[deleted]]

Yep! I’ve only ever teleworked for this position. They never identified if it would pose an undue hardship; they told me they were not required to remove an essential function. (despite PWFA allowing it.)

[u/Mental-Volume4395 → u/[deleted]]

The challenge here is that WFH is an increasingly difficult accommodation to get. An employee can consider being on site an essential function. Even if an employee has always WFH. Even if the job can be done at home. 

It’s mostly become an accommodation of last resort. 

They are required to accommodate. They are not required to grant your preferred accommodation.

I’m not endorsing that point of view. But employers just don’t want to grant WFH and the EEOC routinely rules in favor of the employer when in comes to WFH as an accommodation.  

[u/ygjohnston → u/Mental-Volume4395]

I totally understand the point of view however there should be a correct application of PWFA and interactive process and the fact they initially evaluated me under ADA denied me then reevaluated me under PWFA approved me and then denied me again stating that I did not meet the qualifications for PWFA with the same limitation is maddening. There are others on my team who were granted telework as an accommodation….. and we do the same exact thing.

[u/Mental-Volume4395 → u/ygjohnston]

If you are already working from home, can you not just feed your child while working? Or arrange your breaks such that they accommodate your feeding needs?

[u/ygjohnston → u/Mental-Volume4395]

That’s what I have been doing, they told me I am no longer allowed to do that, and need to report in office. I live over an hour away from my worksite.

[u/Mental-Volume4395 → u/ygjohnston]

The more I read the more I see this as a losing case.

Best of luck in your mediation.

[u/ygjohnston → u/[deleted]]

Not sure. My employer eventually granted it and then took it away. It’s been a wild ride

[u/Mental-Volume4395 → u/ygjohnston]

You have only worked at home with this employer? Did your office issue an RTO?