For those who haven' seen this yet.

Naomi


Investigator finds evidence of breast-feeding discrimination

By Sky Barsch
Correspondent

March 27, 2008
A Vermont Human Rights Commission investigator has found reasonable  
grounds that Freedom Airlines discriminated against Emily Gillette,  
the mother who was removed from a Delta/Freedom airlines flight  
departing Burlington International Airport after she refused a flight  
attendant's order to cover up while breast-feeding.

The investigator's findings will be used by the Human Rights  
Commission, which meets today to hear the case, said Beth Boepple, a  
Manc hester-based attorney who represents Gillette. The hearing is  
closed to the public.

Neither Delta nor Freedom returned calls seeking comment.

Breast-feeding is protected under Vermont's Public Accommodations Act.  
Mothers can breast-feed anywhere in public and are not required to  
"cover up."

Gillette, 28, is in Vermont for the first time since the incident  
occurred more than 17 months ago to appear before the Human Rights  
Commission. She said it was not mandatory for her to appear, but she  
wanted to be there.

"I feel really grateful, still, for the way the state's set up. And I  
feel like it's really important for us to show up as a sign of  
gratitude for everything the state has done to uphold its laws, and to  
show up for the commission, who have put so much time and effort into  
investigating this case," Gillette said.

"I have so much trust and confidence in the state's ability do the  
right thing and follow through with their processes."

If the commission agrees that discrimination has occurred on Freedom's  
part, the parties have six months to negotiate a settlement. A  
separate complaint against Delta in the matter is pending. The  
commission is expected to make a decision today after the hearing.

On Oct. 13, 2006, Gillette; her husband, Brad; and their then 22-month- 
old daughter, River, were on their way from Vermont to visit family in  
New York. The family lives in New Mexico and was visiting family in  
Vermont, where Brad grew up.

The family was seated on Delta Flight 6160, a code-shared flight with  
Freedom Airlines, awaiting takeoff. The flight was delayed for three  
hours, and about 10 p.m. it appeared that it was nearing takeoff.

Gillette said she was seated in the second-to-last row, next to the  
window, when she began to breast-feed her daughter. Breast-feeding  
helps babies with the altitude changes through takeoff and landings,  
Gillette said. She said she was being discreet -- her husban d was  
seated between her and the aisle -- and no part of her breast was  
showing.

Gillette said a flight attendant approached her, trying to hand her a  
blanket and directing her to cover up. Gillette said she told the  
attendant she was exercising her legal right to breast-feed, declining  
the blanket. Gillette alleges the attendant told her, "You are  
offending me," and told her to cover her daughter's head with the  
blanket.

"I declined," Gillette said in her complaint. Moments later, a Delta  
ticket agent approached the Gillettes and said the flight attendant  
was having the family removed from the flight. Gillette exited the  
plane, crying.

Gillette, through Boepple, soon filed a complaint with the Human  
Rights Commission. News of the incident spread quickly, serving as a  
springboard for a discussion about breast-feeding. Several Vermont  
women staged a "nurse-in" near the Delta check-in area at Burlington  
International Airport, and a week later, breast-feeding s upporters  
and advocates staged a national nurse-in at Delta counters across the  
country.

The investigation report found that there are "reasonable grounds" to  
believe Freedom Airlines -- which operates connector flights for Delta  
-- discriminated against Gillette, Boepple said. The investigator did  
not find grounds to hold Delta accountable, however, because Delta  
successfully argued that Freedom was operating as an independent  
contractor. Boepple has filed a response asking for that to be  
amended, because she argues that Freedom was acting as an agent for  
Delta.

While Gillette is in Vermont, she is speaking at Vermont Law School,  
meeting with the Chittenden County Breastfeeding Coalition and  
appearing on a radio program. She purposefully did not fly Delta.

She brought her family, including her 4-month-old son, Donovan.

"It's really fun to come back and be breast-feeding again," Gillette  
said. "What am I going to do when I come to Vermont and I'm not breast- 
feeding?" she quipped.

------------------------------------------
Naomi Bar-Yam Ph.D.
Executive Director
Mothers' Milk Bank of New England

[log in to unmask]
617-964-6676
www.milkbankne.org
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