> To: Interested Parties
> From: Gail Ravnitzky
> Legislative Director for Rep. Carolyn Maloney
> Date: April 20, 1999
> RE: H.R. 1478,
> Pregnancy Discrimination Act Amendments of 1999
> to be discussed on DATELINE NBC this Wednesday!!!
>
>
> DATELINE NBC this Wednesday, April 21 (8:00 p.m. EST, but check your local
> listings)  will feature a woman who lost her job because she chose to
> breastfeed her child.   Pieces of the Maloney legislation will be
discussed.
> (Obviously, NBC programming is subject to change.)
>
> Today, Rep. Carolyn Maloney introduced the second of several bills on
> breastfeeding in Congress.  The Pregnancy Discrimination Act Amendments of
> 1999 (H.R. 1478) clarifies the Pregnancy Discrimination Act (PDA) to
protect
> breastfeeding under civil rights law, requiring that women cannot be fired
> or discriminated against in the workplace for expressing breast milk
during
> her own lunch time or break time.  Until now, courts have not interpreted
> the PDA definition of "pregnancy, childbirth, and related medical
> conditions" to include breastfeeding.  This bill was introduced as part of
> HR 3531 in the 105th Congress.  It will be referred to the Education and
> Workforce Committee.
>
> WHY THE BILL IS NEEDED:  To prevent breastfeeding mothers from being
fired,
> discriminated against, or harassed.  A few examples:
>
> *A woman in Washington state returned to work as a respiratory nurse after
> maternity leave in 1995, and was immediately demoted to per diem status
> because she wanted to pump milk during the day.  Although she wanted to
> work, and requested to be put on the schedule, she never worked again, and
> filed a lawsuit in 1997.
>
> *A New York woman was offered a promotion, but then had the promotion
> rescinded after she announced she was pregnant.  She took a 10-week leave,
> then returned to work and "hunted down a place to pump every day."
> Eventually, she was put on probation for six weeks for "job performance"
but
> she believes it was because of breastfeeding.  She went on a one week
> vacation, and then worked about two more weeks and then was fired.  The
> company offered her a $1500 settlement to avoid legal trouble.
>
> *A Michigan woman asked if she could take two 15 min. breaks to pump milk.
> The company president refused to allow her time or a place to express milk
> anywhere on company property.  She was fired eight days later.  She filed
a
> lawsuit, which led to a mediated settlement in 1997.
>
> *A blackjack dealer at a casino brought suit against the casino after her
> termination, alleging gender and pregnancy discrimination.  Her case was
> granted in part and denied in part.  The court did rule that the Pregnancy
> Discrimination Act does not include breastfeeding as a "related medical
> condition."
>
> *Before her maternity leave, a Texas woman was paid for a 30-minute lunch
> break and two 15-minute breaks.  After she gave birth, her company docked
> her pay because she began using the break time for expressing milk.
>
> *A waitress for Cracker Barrel was attempting to go back to work part-time
> and requested to work 2 short shifts with a break in between to either
pump
> or have her baby brought to her to nurse.  She was told she would have to
> choose between her job and nursing her baby.
>
> *A New York woman (working for Toys R Us) quit her job because management
> was not letting her use her breaks to pump milk.
>
> *A Maryland correctional officer was not allowed to pump her breasts for
her
> daughter while on her lunch break.  She was put on leave without pay in
> 1997, and is still fighting for the month's back pay.
>
> *A Postal Service employee in California was docked about an hour of pay
per
> week because she took two 15 minute breaks, instead of 10 minute breaks
each
> day, so that she could express milk for her son.
>
> IF YOU KNOW OF OTHER STORIES LIKE THESE, please let us know.  Please send
> the info via our website whenever possible.
>
> For more information about the legislation, visit:
> www.house.gov/maloney/breast.htm
>
> For the full text of the legislation:    http://www.congress.gov/
>
> Other Maloney legislation on breastfeeding:  As many of you know, H.R.
1163
> has already been introduced in Congress.  This bill, the Breastfeeding
> Promotion and Employers' Tax Incentive Act of 1999, introduced on March
17,
> encourages employers to set up a safe, private, and sanitary environment
for
> women to express (or pump) breast milk by providing a tax credit for
> employers who set up a lactation location, purchase or rent
> lactation-related equipment, hire a lactation consultant, or otherwise
> promote a lactation-friendly environment.
>
> Other info:    If you are wondering when the bill gets voted on, there is
no
> set date for any further action on this bill.  Its future will depend on
the
> response from Members of Congress.  So, go ahead and let them know about
the
> bill.  NOTE:  There is no current bill in the U.S. Senate, so you can also
> encourage your Senators to introduce the bill in the U.S. Senate.
>
> What you can do now: You should contact your own Representative.  The best
> way is by regular mail, although some offices will respond to other forms
> (phone, e-mail, etc.).  Either way, it is best to ask for a written
> response.  To contact your Member of Congress, write to The Honorable
> _________, U.S. House of Representatives, Washington, D.C.  20515.  Or
call
> 202-225-3121 to find out who your representative is.  (Members of Congress
> who cosponsored lactation legislation last year often did so because of
the
> constituent letters they received.  Otherwise, a Member of Congress may
> never learn about the bill.)
>
>
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you
> are receiving this message from someone other than Gail, she cannot delete
> your name from the e-mail update list.
>

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