Kroger faces FMLA, PUMP Act lawsuit after allegedly transferring employee returning from parental leave

Summary

A former assistant store manager has sued Kroger in the U.S. District Court for the Northern District of Indiana, alleging violations of the Family and Medical Leave Act (FMLA), the Pregnant Workers Fairness Act (PWFA) and the PUMP Act. The plaintiff says she was denied use of available time off before her childbirth leave while similarly situated male colleagues were permitted time off. She also alleges inadequate and unsanitary pumping accommodations (bathroom stalls, a security room with cameras, a glass office and a dark closet) and derogatory comments about storing breast milk. After complaining to district HR, she claims she was transferred 37 miles to a store in a dangerous area — conduct she says was retaliatory for exercising her FMLA rights.

The complaint points to broader trends in litigation since the PUMP Act took effect, with other workers alleging employers forced them to express milk in cars, unlocked stockrooms or shared spaces. Advocates recommend dedicated lactation rooms, comfortable seating and refrigeration for expressed milk as best practice.

Key Points

Plaintiff alleges Kroger denied pre-leave time off available to others, raising claims under FMLA and anti-retaliation protections.
Claims include violations of the PWFA — failure to provide reasonable accommodations for pregnancy-related needs.
Alleged PUMP Act violations: inadequate, non-private, and unsafe pumping locations instead of a private, non-bathroom space.
Plaintiff reports hostile comments (e.g. calling stored breast milk “disgusting”) and an alleged retaliatory transfer 37 miles away to a risky neighbourhood.
The case reflects a wave of PUMP Act-related suits and underscores employer obligations around lactation breaks, private spaces and refrigeration.

Context and relevance

This matters to HR and people managers: the complaint weaves together FMLA, PWFA and PUMP Act issues — areas where non-compliance carries legal and reputational risk. Since the PUMP Act’s enactment, courts and plaintiffs have focused on what constitutes a “reasonable” pumping space and whether employers retaliate when workers assert statutory rights. Employers should ensure clear, enforceable policies, private lactation facilities (not bathrooms), refrigeration access and training for managers to avoid discriminatory or retaliatory actions.

Why should I read this?

Short version: if you hire, manage or draft policy, this is one to skim. It’s a neat snapshot of the exact mistakes that now blow up into multi-law claims — poor pumping facilities, snide manager comments and a suspicious transfer right after a complaint. Saves you the time of digging through the court file: fix your lactation rooms and manager training now before it becomes your problem.

Source

Source: https://www.hrdive.com/news/kroger-pregnancy-discrimination-lawsuit-2025/759972/