Print wallet cards to carry with you and help inform others about Washington State Legislation for breastfeeding in places of public accommodation.
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This flyer is for places of public accommodation to help inform businesses and employees about the rights of mothers and children to breastfeed in these locations.
Washington Breastfeeding Legislation Guidance
Listen to a :30 second radio public service announcement about the 2009 Washington State Legislation making breastfeeding mothers a protected class. Listen here!
Thank you to Jackie Fisher Marketing and Media for their generous pro bono work to make this PSA possible.
Washington State Law and Legislation Supportive of Breastfeeding
On April 22, 2009, Governor Chris Gregoire signed into law a breastfeeding civil rights bill. HB1596 amends the state anti-discrimination statutes RCW 49.60.030 and 2007 c 187 s 3 to add the following civil right: (g) the right of a mother to breastfeed her child in any place of public resort, accommodation, assemblage, or amusement. In simple terms, this means a public place such as a park, fairground, etc. It does not provide any rights in relation to pumping or nursing at work.
WithinReach supported this legislation which was sponsored by Rep. Tammy Green. The law goes into effect the end of July, 2009. Complaints will be investigated by the state Human Rights Commission.
HB 1590, which was signed into law in 2001, exempts breastfeeding from criminal prosecution. This means women cannot be fined for indecent exposure for breastfeeding. In addition, this law encourages employers to support their breastfeeding employees. Specifically, an employer may use the designation "Infant- Friendly" on its promotional materials if the employer has an approved lactation policy. The Department of Health is responsible for approval of this designation. However, due to budget cuts, the Department of Health does not have the ability to do this and no "Infant-Friendly" designations or workplace breastfeeding policies have been approved.
Proposed Washington State Breastfeeding Legislation
During the 2005 Legislative Session, a move was made to expand on the findings from HB 1590 and generate more employer support for breastfeeding mothers returning to work. Unfortunately the bill never made it to the floor of the Senate for a vote. Senate Bill 5600 was introduced by Senator Rosa Franklin, representing the 29th district in Tacoma. This bill merely added language encouraging employers to utilize the infant friendly designation. When the Senate Labor, Commerce, Research and Development Committee became aware that the program never got started, the bill was changed into what is called a "study bill." Substitute Senate Bill 5600 was created to gather information that could be used in the future to enact legislation for employer support.
You have the right to let legislators know what's important to you. If you would like to share your thoughts with your elected officials, you can find their contact information by visiting the Washington State Legislature.
For more information and resouces: Articles and Resources for Employers and Employees.
Washington State Promotes Breastfeeding
Washington enacted a law in 2001 that sets forth the importance of breastfeeding. The law exempts the act of breastfeeding or expressing breast milk from the indecent exposure laws. It also encourages employers to accommodate breastfeeding mothers, and sets up an incentive program for employers by allowing them to advertise that they are 'infant friendly' if they set up lactation support for their employees.
Members of the Breastfeeding Coalition of Washington and other interested parties including Sen. Jeri Costa and Rep. Eileen Cody, co-sponsors of HB1590, look on as Gov. Gary Locke signs the bill into law. Photo purchased from the State House of Representatives
Washington House Bill # 1590, 2001
2001 Wa. ALS 88; 2001 Wa. Ch. 88; 2001 Wa. HB 1590
RCW 43.70, 9A.88.010
A new section is added to chapter 43.70 RCW to read as follows:
(1) The legislature acknowledges the Surgeon General's summons to all sectors of society and government to help redress the low breastfeeding rates and duration in the United States, including the social and workplace factors that can make it difficult for women to breastfeed. The legislature also acknowledges the surgeon general's report on the health and economic importance of breastfeeding which concludes that:
(a) Breastfeeding is one of the most important contributors to infant health;
(b) Breastfeeding provides a range of benefits for the infant's growth, immunity, and development;
(c) Breastfeeding improves maternal health and contributes economic benefits to the family, health care system, and workplace.
(2) The legislature declares that the achievement of optimal infant and child health, growth, and development requires protection and support for the practice of breastfeeding. The legislature finds that:
(a) The American Academy of Pediatrics recommends exclusive breastfeeding for the first six months of a child's life and breastfeeding with the addition of solid foods to continue for at least twelve months, and that arrangements be made to provide expressed breast milk if the mother and child must separate during the first year. Children should be breastfed or fed expressed breast milk when they show signs of need, rather than according to a set schedule or the location;
(b) Breast milk contains all the nutrients a child needs for optimal health, growth, and development, many of which can only be found in breast milk;
(c) Research in developed countries provides strong evidence that breastfeeding decreases the incidence and/or severity of diarrhea, lower respiratory tract infection, otitis media, bacteremia, bacterial meningitis, urinary tract infection, and necrotizing enterocolitis. In addition, a number of studies show a possible protective effect of breastfeeding against SIDS, Type I diabetes mellitus, Crohn's disease, lymphoma,ulcerative colitis, and allergic diseases;
(d) Studies also indicate health benefits in mothers who breastfeed. Breastfeeding is one of the few ways that mothers may be able to lower their risk of developing breast and ovarian cancer, with benefits proportional to the duration that they are able to breastfeed. In addition, the maternal hormonal changes stimulated by breastfeeding also help the uterus recover faster and minimize the amount of blood mothers lose after birth. Breastfeeding inhibits ovulation and menstrual bleeding, thereby decreasing the risk of anemia and a precipitous subsequent pregnancy. Breastfeeding women also have an earlier return to prepregnancy weight;
(e) Approximately two-thirds of women who are employed when they become pregnant return to the work force by the time their children are six months old;
(f) Employers benefit when their employees breastfeed. Breastfed infants are sick less often; therefore, maternal absenteeism from work is lower in companies with established lactation programs. In addition, employee medical costs are lower and employee productivity is higher;
(g) According to a survey of mothers in Washington, most want to breastfeed but discontinue sooner than they hope, citing lack of societal and workplace support as key factors limiting their ability to breastfeed;
(h) Many mothers fear that they are not making enough breastmilk and therefore decrease or discontinue breastfeeding. Frequency of breastfeeding or expressing breast milk is the main regulator of milk supply, such that forcing mothers to go prolonged periods without breastfeeding or expressing breast milk can undermine their ability to maintain breastfeeding; and
(i) Maternal stress can physiologically inhibit a mother's ability to produce and let down milk.
Mothers report modifiable sources of stress related to breastfeeding, including lack of protection from harassment and difficulty finding time and an appropriate location to express milk while away from their babies.
(3) The legislature encourages state and local governmental agencies, and private and public sector businesses to consider the benefits of providing convenient, sanitary, safe, and private rooms for mothers to express breast milk.
Amends RCA.88.010 and 1990 c 3 s 904 to exempt the act of breastfeeding or expressing breast milk from the indecent exposure laws.
Sec. 2. RCW 9A.88.010 and 1990 c 3 s 904 are each amended to read as follows:
(1) A person is guilty of indecent exposure if he or she intentionally makes any open and obscene exposure of his or her person or the person of another knowing that such conduct is likely to cause reasonable affront or alarm. The act of breastfeeding or expressing breast milk is not indecent exposure.
Creates a new section added to chapter 43.70 RCW to read as follows:
(1) An employer may use the designation "infant-friendly" on its promotional materials if the employer has an approved workplace breastfeeding policy addressing at least the following:
(a) Flexible work scheduling, including scheduling breaks and permitting work patterns that provide time for expression of breast milk;
(b) A convenient, sanitary, safe, and private location, other than a restroom, allowing privacy for breastfeeding or expressing breast milk;
(c) A convenient clean and safe water source with facilities for washing hands and rinsing breast-pumping equipment located in the private location specified in (b) of this subsection; and
(d) A convenient hygienic refrigerator in the workplace for the mother's breast milk.
(2) Employers seeking approval of a workplace breastfeeding policy must submit the policy to the department of health. The department of health shall review and approve those policies that meet the requirements of this section. The department may directly develop and implement the criteria for "infant-friendly" employers, or contract with a vendor for this purpose.
(3) For the purposes of this section, "employer" includes those employers defined in RCW 49.12.005 and also includes the state, state institutions, state agencies, political subdivisions of the state, and municipal corporations or quasi-municipal corporations.
History: Approved by the Governor on April 19, 2001 . Sponsored by the House Committee on Appropriations (originally sponsored by Representatives Cody, Clements, Conway, Skinner, Gombosky, Mitchell, Edmonds, Hatfield, Keiser, Kenney, Kagi, McIntire, Wood, Ruderman, Santos and Hurst).