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Lactating MGM Resorts Server’s Job Bias Loss Upheld on Appeal

Sept. 29, 2022, 4:09 PM

An MGM Resorts International Inc. casino in Biloxi, Miss., was properly granted judgment on a former server’s claims that she was harassed by co-workers over her lactation needs and that the failure to allow her timely breast-pumping breaks forced her to quit, a unanimous Fifth Circuit ruled.

But the court split 2-1 on whether Bailie Bye waived her claim under Fair Labor Standards Act provisions requiring employers to provide nursing mothers with reasonable unpaid breaks to express milk. Bye didn’t raise that claim until after MGM had moved for summary judgment, which was too late, the majority said.

Bye worked ...