H. R. 2758
IN THE HOUSE OF REPRESENTATIVES
August 1, 2011
Mrs. Maloney (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
To amend the Civil Rights Act of 1964 to protect breastfeeding by new mothers and to provide for reasonable break time for nursing mothers.
Short title; table of contents
This Act may be cited
Breastfeeding Promotion Act of
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.
Amendments to the Civil Rights Act of 1964
Congress finds the following:
Women with infants and toddlers are a rapidly growing segment of the labor force today.
Statistical surveys of families show that over 50 percent of mothers with children less than 1 year of age are in the labor force.
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.
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).
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.
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.
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.
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).
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
The purposes of this title are—
to promote the health and well-being of infants whose mothers return to the workplace after childbirth; and
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
Discrimination Act to title VII of the Civil Rights Act of 1964.
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—
(including lactation) after
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
Reasonable break time
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