Hi Janice,
for details on enacted legislation in the US, go to the LLL webpage, and click on the link for "breastfeeding and the Law". Or go to the webpage of the US Breastfeeding Committee, and look at their paper on state breastfeeding legislation. To the best of my knowledge there is only one state (I think New York) which provides for punishment (by fine) of a person who breaks the law by harassing a breastfeeding mother. some of the other state laws state that the mother has the right to file a suit, but few people will choose this as a remedy because of the expense and stress. in Oregon, our state DHS office prints wallet cards that inform mothers of their right to nurse in public. On the back of the card is a toll free # that mothers can call if they are harassed or asked to leave a place of business. when a mom makes the call, DHS generates a letter to that business informing the proprietor of the law and encouraging them to be more supportive of their breastfeeding customers. my hospital distributes these wallet cards in our discharge packs to all new mothers.
martha Johnson RN IBCLC
Oregon Lactivist
-----Original Message-----
From: Janice Reynolds [mailto:[log in to unmask]]
Sent: Saturday, November 08, 2003 1:10 AM
Subject: NIP in the US - who to complain to?
In Canada, if a woman is harrassed for breastfeeding in public, she can file
a complaint to the provincial Human Rights Commission (at no cost, without a
lawyer). They would investigate and make a ruling, and also would help
negotiate a mutually satisfactory result between the business and the
complaintant. So the business is educated about the law, and the
complaintant usually receives an apology, and maybe a small amount of money
in damages (for example, $1000), or if it was work related, lost wages. But
not alot of money.
Anyhow, if there any process like this in the US? Does a woman file a
complaint with the police? Does she have to hire a lawyer and file a civil
suit (sue the business?) I have never really understood what happens in the
States. What exactly are the steps? (I mean beyond writing letters to the
manager yourself, etc - the small steps that moms could/should try before
making it a legal matter. But at some point, a mom may not be listened to
unless she mentions the law). Is there any mechanism to do this without
hiring a lawyer or spending alot of moeny?
These complaints come up on various bfing support boards VERY often, I would
really like to know exactly what to tell these US mothers to do.
Janice Reynolds
Founder, Moms For Milk Breastfeeding Network
Nokomis, Saskatchewan, Canada
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