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Breastfeeding Moms and the Law

By Virginia Gilbert

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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.

Carolyn Maloney

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
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