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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