Despite the ever-evolving landscape of workplace accommodations, confusion and lack of clarity continue to plague breastfeeding standards for bar exam takers. A recent investigation carried out by three law school students, corroborated by data from the ACLU and MothersEsquire, reveals the fragmented nature of state policies concerning lactation accommodations during bar examinations.
While the 1990 Americans with Disabilities Act (ADA) ensures considerations and accommodations for disabled examinees, lactating mothers find themselves at a disadvantage. Disparities in state regulations create an uneven playing field, with only 10 states providing clear policies that include additional stop-the-clock break times for pumping. In contrast, 15 states describe lactation accommodations without extending extra break time, forcing examinees to lose testing time. Alarmingly, nine states have vague policies, and 15 states entirely lack publicly accessible information regarding lactation accommodations.
According to research from 2021, 19 states either adhered strictly to ADA accommodations or had no accommodation policies for lactating mothers. By 2024, the number has marginally improved to 15, but progress remains slow. The slight advancement underscores the pressing need for uniform regulations that grant lactation accommodations, including critical stop-the-clock break times.
The American Bar Association’s Resolution 501 urges bar examiners nationwide to adopt and publicize these essential accommodations. Thus far, 25 states have made lactation accommodations publicly available, but more comprehensive policies are needed to support aspiring lawyers without additional stress and disadvantage.
The persistent inconsistencies in state policies have tangible repercussions for expecting and new mothers in the legal profession. Enhanced awareness and implementation of uniform lactation accommodation policies are fundamental to ensuring that all examinees are given a fair opportunity to succeed in one of the most critical phases of their legal careers.