According to the law; Discrimination occurs whenever we treat someone differently and deny him or her equal treatment or access because of: Race, Creed, Color, National Origin, Sex, Marital Status, Family with Children Status, Age, the Presence of any Sensory, Mental, or Physical Disability, or the Use of a Trained Dog Guide or Service Animal by a Person with a Disability.
The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth or related medical conditions constitutes unlawful sex discrimination under Title VII. Women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.
While pregnancy is protected as stated above (someone cannot be denied a job, housing, etc. for being pregnant), currently breastfeeding is not. Therefore, legally "breastfeeding discrimination" does not exist. This reality should not invalidate a woman's experience of harassment while breastfeeding.
Many people feel uncomfortable when they encounter breastfeeding in public or pumping at work. This is due in part to the way breasts are viewed in our culture and that for generations breastfeeding in public has not been a societal norm. More often than not, the person asking someone to leave someplace for breastfeeding does not understand the damage caused by his or her request nor do they have an understanding that babies are completely dependent and need to eat often because their stomachs are small. Hungry babies should not be expected to wait to eat.
Many mothers feel intimidated when their decision to breastfeed is challenged. It is often after they have had time to think about what has happened that they wish to respond in some way. The following are steps that can be taken if you or someone you know has experienced breastfeeding "discrimination."
This is general information and is not intended to apply to any specific situation. If you need legal advice or have questions about the application of the law in a particular matter, you should consult a lawyer.
1. Understand Existing Breastfeeding Laws
2. Clarify the Situation
- If your baby still needs to eat, don't feel that you have to stop breastfeeding.
- Clarify why you are being asked to leave or to stop breastfeeding.
- Ask for a business card and/ or the name of the person you are speaking to.
- If possible, ask to speak to a supervisor and/or to see written documentation stating that breastfeeding is not allowed. Most people will be taken aback by this and will not be able to provide documentation. It is still a good idea to ask as it may help to educate and increase awareness about treating breastfeeding women differently than those who bottle-feed.
- Ask if there is another location within the business, other than a restroom, where you could continue breastfeeding your child.
- If you continue to meet resistance, consider leaving the establishment and taking the steps below.
3. Document Your Experience
- When and where did it occur? Was it at work? Was it in public (at a store, museum, pool, library, coffee shop or restaurant, etc.)?
- Who did it? Your employer or a co-worker? A store clerk? A realtor or landlord? A stranger? Were there any witnesses? If so, describe and include details.
- What did the person do or say to you that was different from how they treated others and why do you believe this happened to you? Documenting the details about how you were treated while breastfeeding helps distinguish the difference between the treatment of breastfeeding women compared to those who bottle-feed. This can be beneficial if trying to prove "discrimination."
4. Report Your Experience
- It is important to share your story in order to raise awareness about breastfeeding "discrimination." Consider contacting the following with the details outlined in step 3 above.
- If you live in Washington, consider reporting your story to the Breastfeeding Coalition of Washington (BCW). Please note, your complaint will be archived with the BCW for documentation as an example of breastfeeding "discrimination." You will not receive a response to your email. WithinReach and the Breastfeeding Coalition of Washington may use your letter in whole or in part as a sample of "discrimination." If you don't want your name used, please indicate.
- Consider contacting your local Human Rights Commission
Contact your legislator - Write to your local newspaper. Consider a letter to the editor or contacting the local health reporter.
- Write a letter to the company or place where you experienced harassment. Send the letter to the most significant people to your situation. This could be a manager, supervisor, or the human resources department. Consider sending copies to the CEO or company president; your legislators, the local Better Business Bureau and your local breastfeeding coalition.