A Current Summary of Breastfeeding Legislation in the U.S.

SUMMARY OF ENACTED BREASTFEEDING LEGISLATION

HAWAII

Hawaii has enacted legislation regarding nursing in public, and has been at the forefront regarding the right of women to continue breastfeeding when they return to work. Hawaii’s employment legislation specifically states that it is discrimination to treat a breastfeeding mother differently from any other employee, including the refusal to hire or employ, or to bar or discharge from employment, or withhold pay, demote or penalize a lactating employee because an employee breastfeeds or expresses milk at the workplace. It requires employers to allow women to breastfeed or express milk during their regular or authorized breaks at work.

In July 2005, legislation was enacted the required parenting plans in actions involving custody of minor children. The law lists ten items that may be included in parenting plans, including "breastfeeding, if applicable."

HRS §489-21, HRS §489-22

§489-21 Discriminatory practices; breast feeding.
It is a discriminatory practice to deny, or attempt to deny, the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodations to a woman because she is breast feeding a child.

§489- 22 Private cause of action.
Any person who is injured by an unlawful discriminatory practice under this part may bring proceedings to enjoin the unlawful discriminatory practice, and if the decree is for the plaintiff, the plaintiff shall be awarded reasonable attorneys' fees, the cost of suit, and $100. Any action under this part shall be subject to the jurisdiction of the district courts as provided in chapter 604, and may be commenced and conducted in the small claims division of the district court.

Note that Section 489-23 states that the Hawaii civil rights commission does not have jurisdiction to enforce the law relating to breastfeeding.

History: Approved by the Governor June 14, 2000.

HRS § 378-2, HRS §378-10

§378 – 10.2 Breastfeeding.
No employer shall prohibit an employee from expressing breastmilk during any meal period or other break period required by law to be provided by the employer or required by collective bargaining agreement.

§378-2 Discriminatory practices made unlawful; offenses defined.
It shall be an unlawful discriminatory practice: ...
(7) For any employer or labor organization to refuse to hire or employ, or to bar or discharge from employment, or withhold pay, demote or penalize a lactating employee because an employee breastfeeds or expresses milk at the workplace. For purposes of this paragraph, the term "breastfeeds" means the feeding of a child directly from the breast.

HRS § 571-Parenting Plans (Act 244, SB 556)

(a) For every actions that includes a contested custody of children, both parties or both parents shall develop either a mutually agreed-upon general parenting plan or separate individually desired parenting plan, and filed the plan at the outset of the action.

(b) omitted

(4) breastfeeding, if applicable.

Effective July 12, 2005.

To see entire law at Hawaii Revised Statutes: http://www.capitol.hawaii.gov/site1/docs/docs.asp#hrs

Last updated Sunday, July 30, 2006 11:49 AM by sjs.

Page last edited Sun Oct 14 09:33:16 UTC 2007.