< Back to H.R. 2758 (112th Congress, 2011–2013)

Text of the Breastfeeding Promotion Act of 2011

This bill was introduced on August 1, 2011, in a previous session of Congress, but was not enacted. The text of the bill below is as of Aug 1, 2011 (Introduced).

Source: GPO

I

112th CONGRESS

1st Session

H. R. 2758

IN THE HOUSE OF REPRESENTATIVES

August 1, 2011

(for herself, Mr. Meeks, Ms. Lee of California, and Mr. Serrano) introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL

To amend the Civil Rights Act of 1964 to protect breastfeeding by new mothers and to provide for reasonable break time for nursing mothers.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Breastfeeding Promotion Act of 2011.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—Amendments to the Civil Rights Act of 1964

Sec. 101. Findings; purposes.

Sec. 102. Amendments to title VII of the Civil Rights Act of 1964.

TITLE II—Reasonable break time

Sec. 201. Reasonable break time for nursing mothers.

I

Amendments to the Civil Rights Act of 1964

101.

Findings; purposes

(a)

Findings

Congress finds the following:

(1)

Women with infants and toddlers are a rapidly growing segment of the labor force today.

(2)

Statistical surveys of families show that over 50 percent of mothers with children less than 1 year of age are in the labor force.

(3)

All major medical authorities recommend that mothers breastfeed exclusively for 6 months and continue breastfeeding for at least the first year of a child’s life, and that arrangements be made to allow a mother’s expressing of milk if mother and child must separate.

(4)

Research studies show that children who are not breastfed have an increased risk of common childhood illnesses, such as ear infections, eczema, and diarrhea and vomiting, and of more serious diseases including severe lower respiratory infections, leukemia, and sudden infant death syndrome (SIDS).

(5)

Research studies have also shown that children who are not breastfed have an increased risk of a number of chronic diseases, including type 2 diabetes, asthma, and childhood obesity.

(6)

Exclusive breastfeeding and longer durations of breastfeeding are also associated with better maternal health outcomes, including a reduced risk of ovarian cancer and breast cancer.

(7)

The health benefits to children from breastfeeding translate into a decrease in parental absenteeism due to infant illness. One-day absences to care for sick children occur more than twice as often for mothers of formula feeding infants.

(8)

Congress intended to include breastfeeding and expressing breast milk as protected conduct under the amendment made to title VII of the Civil Rights Act of 1964 by the Act entitled An Act to amend title VII of the Civil Rights Act of 1964 to prohibit sex discrimination on the basis of pregnancy, approved October 31, 1978 (commonly known as the Pregnancy Discrimination Act).

(9)

Although title VII of the Civil Rights Act of 1964, as so amended, applies with respect to pregnancy, childbirth, or related medical conditions, a few courts have failed to reach the conclusion that breastfeeding and expressing breast milk in the workplace are covered by such title.

(b)

Purposes

The purposes of this title are—

(1)

to promote the health and well-being of infants whose mothers return to the workplace after childbirth; and

(2)

to clarify that breastfeeding and expressing breast milk in the workplace are protected conduct under the amendment made by the Act commonly known as the Pregnancy Discrimination Act to title VII of the Civil Rights Act of 1964.

102.

Amendments to title VII of the Civil Rights Act of 1964

Section 701(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(k)) is amended—

(1)

by inserting (including lactation) after childbirth; and

(2)

by adding at the end the following: For purposes of this subsection, the term lactation means a condition that may result in the feeding of a child directly from the breast or the expressing of milk from the breast..

II

Reasonable break time

201.

Reasonable break time for nursing mothers

Section 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 213) is amended in subsection (a), by inserting (except section 7(r) in the case of paragraph (1) of this subsection) after and 7.