THE BREASTFEEDING PROMOTION ACT
-Summary-
Overview:
The Breastfeeding Promotion Act includes five provisions: (1) to amend the
Civil Rights Act of 1964 to protect breastfeeding in the workplace, (2) to
provide tax incentives for businesses that establish private lactation areas in
the workplace, (3) to provide for a performance standard for breast pumps,
(4) to allow breastfeeding equipment to be tax deductible for families, and (5)
to protect the privacy of breastfeeding mothers.
The purposes of this act 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 Pregnancy Discrimination Act of
1978 to Title VII of the Civil Rights Act of 1964.
Findings:
Statistical surveys of families show that over 50 percent of mothers with
children under one year of age are part of the labor force. Since working
mothers are a rapidly growing segment of the labor force today, arrangements
must be made to allow a mother to express breast milk if the mother and child
must separate.
The American Academy of Pediatrics recommends that mothers breastfeed
exclusively for six months, continuing for at least the first year of a child’s life.
Research studies show that children who are not breastfed have higher rates
of mortality, meningitis, some types of cancers, asthma and other respiratory
illnesses, bacterial and viral infections, diarrhoeal diseases, ear infections,
allergies, and obesity.
Summary:
The Breastfeeding Promotion Act includes five provisions:
Protects Breastfeeding Under Civil Rights Law: the bill clarifies the Pregnancy
Discrimination Act of 1978 to protect breastfeeding in the workplace under civil
rights law. This will ensure that women cannot be fired or discriminated
against in the workplace for expressing milk or breastfeeding during lunch or
breaks.
Provides Tax Incentives for Employers: with more than half of mothers with
infants (less than one year of age) in the work force, it is important to
promote a mother-friendly work environment. The bill 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 work
environment. Many companies would be able to receive a tax credit of up to
fifty percent of their related expenses.
Seeks Minimum Safety Standards for Breast Pumps: the bill requires the Food
and Drug Administration to develop minimum quality standards for breast
pumps to ensure that products on the market are safe and effective based on
efficiency, effectiveness, and sanitation factors (in addition to providing full
and complete information concerning breast pump equipment).
Allows Breastfeeding Equipment to Be Tax Deductible: the bill amends the tax
laws to include breastfeeding equipment and services as deductible medical
care expenses.
Protects Privacy of Breastfeeding Mothers: the bill requires employers to
provide break time to express breast milk as well as make reasonable efforts to
provide a private place for mothers to do so.
For more information or to join as a cosponsor, please contact Kristina Spiegel
in Rep Maloney’s office at (202) 225-7944 or [log in to unmask]
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