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Breastfeeding
Moms and the Law
By
Virginia Gilbert
I wasn't being
indiscreet," says Sheryl Letwat, referring to an incident at
an Illinois restaurant. "I wasn't displaying myself for
sexual purposes." On the contrary, Letwat was nursing her
5-week-old son when the restaurant manager told her some
patrons were uncomfortable with her breastfeeding. The
female manager then handed Letwat a towel and asked her to
"cover up." Citing her constitutional right to breastfeed,
Letwat refused to drape herself or to stop nursing. Although
she stayed to finish her meal, she admits the event has
discouraged her from returning to the restaurant or from
recommending it to other breastfeeding moms. "Who needs the
hassle?" she says.
 The Feds Say
In September 1999, President Clinton signed into law the
"Treasury and General Government Appropriations Act," which
included legislative language by Congresswoman Carolyn
Maloney (D-NY) to make breastfeeding legal anywhere on
federal property.
"The
last thing a mom needs is someone giving her a hard time
about her decision to breastfeed her child or accusing her
of violating arcane 'indecent exposure' laws," Maloney says.
"The only thing indecent about breastfeeding is that some
women have been harassed about it."
Chair
of the Congressional Caucus on Women's Issues, Maloney
introduced three other pro-breastfeeding bills that were
referred to the Senate:
The
Pregnancy Discrimination Act Amendment (H.R. 1478) --
Prevents nursing women in the workplace from being fired or
otherwise discriminated against for expressing milk or
breastfeeding during lunch or break time.
The
Breastfeeding Promotion Employers' Tax Incentive Act (H.R.
1163) -- Gives tax credits to employers who install nursing
mothers' stations at the workplace. Some companies, such as
Hewlett-Packard and Kellogg's, have already put such rooms
on site.
The
Safe and Effective Breast Pumps Act (H.R. 3372) -- Requires
the FDA to develop minimum quality standards for breast
pumps.
According to Maloney's press secretary, Nicole Harburger,
the congresswoman is "especially optimistic" about the
Pregnancy Discrimination Act Amendment, which has "good
bipartisan support." All three bills are parked in various
Senate committees.
 States
Say
The federal government isn't the only place where
breastfeeding moms can turn for legal protection. Individual
states have enacted legislation that will preserve a woman's
right to breastfeed. To find out what the laws are in your
state, visit
La Leche League's
summary of breastfeeding legislation.
In
California, Oregon, Iowa and Idaho it's actually legal for
nursing mothers to claim automatic exemption from jury duty.
When Angela Ponzini of Menlo Park, Calif., was unable to get
out of jury service for nursing her child, she wrote a
flurry of letters to lawmakers protesting the decision.
Inspired by Ponzini's determination, Assemblyman Ted Lempert
(D-San Carlos) subsequently sponsored a bill that allows a
breastfeeding woman to postpone jury duty until her infant
is no longer nursing without having to gain permission from
a judge.
If you
don't live in one of the automatic exemption states and you
wish to be exempted from jury duty, you should follow the
counsel of the late Elizabeth Baldwin, former Florida
attorney and leading expert on breastfeeding and the law:
You Have a Say
Whether it's at the local or federal level, you have the
right -- and duty -- to let legislators know what's
important to you. Contact your local and federal
legislators, and let them know that you believe nursing
mothers should have the right to feed their children how and
where they need to. If you're interested in supporting the
bills sponsored by U.S. Congresswoman Carolyn Maloney, visit
her
web site
for more details.
As the
public gains greater recognition and respect for the value
of breastfeeding, more states will enact laws to protect the
nursing relationship. In the meantime, women can help push
such laws into effect simply by contacting their local
politicians' offices. After all, it took only one highly
determined woman -- Angela Ponzini -- to convince
Assemblyman Lempert to expand California law to meet the
needs of all nursing mothers.
Companies supporting nursing mothers
The NMC would
like to hear from the companies in Oregon and Washington
that are interested in this important issue.
Rep. Carolyn Maloney
and the NMC are hopeful that public support for
breastfeeding legislation will allow mothers who make the
choice to breastfeed be protected and supported when and if
they return to the workplace.
Breastfeeding Discrimination
We at NMC are
interested in hearing from you and your experience with
breastfeeding discrimination.
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