REPORT TITLE:
Breastfeeding


DESCRIPTION:
Prohibits an employer from penalizing an employee who breastfeeds
or expresses milk at the workplace; also prohibits discrimination
against breastfeeding in public accommodations.  (SD1)



 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        266
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 1999                                S.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO NEW MOTHERS BREASTFEEDING PROMOTION AND PROTECTION
   ACT.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that:
 
 2      (1)  Women with infants and toddlers are the fastest growing
 
 3           segment of today's labor force, with at least fifty per
 
 4           cent of pregnant women who are employed returning to
 
 5           work by the time their children are three months old;
 
 6      (2)  The American Academy of Pediatrics recommends
 
 7           breastfeeding for at least the first twelve months of a
 
 8           child's life and further recommends that arrangements
 
 9           be made to provide expressed breastmilk if mother and
 
10           child are separated;
 
11      (3)  Breastmilk contains all the nutrients a child needs for
 
12           ideal growth and development, including helpful
 
13           antibodies, proteins, immune cells, and growth factors
 
14           that can only be found in breastmilk;
 
15      (4)  Breastmilk is the first line of infant immunization
 
16           defense and enhances the effectiveness of infant
 
17           vaccines;
 
18      (5)  Research studies show that children who are not
 
19           breastfed have higher rates of mortality, meningitis,
 

 
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                                     H.B. NO.           H.D. 2
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 1           some types of cancers, asthma, bacterial and viral
 
 2           infections, diarrhoeal diseases, ear infections,
 
 3           allergies, and obesity;
 
 4      (6)  Research studies also show that breastmilk and
 
 5           breastfeeding have protective effects against the
 
 6           development of a number of chronic diseases, including
 
 7           juvenile diabetes, lymphomas, Crohn's disease, celiac
 
 8           disease, some chronic liver diseases, and ulcerative
 
 9           colitis;
 
10      (7)  Breastfeeding promotion and support are an integral
 
11           part of the federal nutrition services provided by the
 
12           women, infants, and children program, and has reduced
 
13           the costs of that program; for example, in a recent
 
14           cost-benefit study in Colorado, the breastfeeding
 
15           program saved $161 per infant in the first six months
 
16           of life when compared with formula-fed infants, and
 
17           saved $112 per infant in the medicaid program by
 
18           reducing pharmacy costs by fifty per cent;
 
19      (8)  Women who wish to continue breastfeeding after
 
20           returning to work have relatively few needs to allow
 
21           them to breastfeed at work, such as:
 
22           (A)  The availability of suitable, dependable, and
 
23                efficient breast pumps;
 

 
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                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1           (B)  The availability of a clean, safe, private, and
 
 2                comfortable location to express milk at the
 
 3                worksite;
 
 4           (C)  The opportunity to pump their breasts to
 
 5                adequately maintain their milk supply; and
 
 6           (D)  An adequate place to temporarily store expressed
 
 7                milk;
 
 8      (9)  Many women do not have access to adequate facilities
 
 9           for expressing milk at their workplace, and are forced
 
10           to pump in restrooms lacking privacy, comfort, and
 
11           cleanliness;
 
12     (10)  Many employers do not have adequate refrigeration
 
13           facilities for storing expressed milk; and
 
14     (11)  Many workplaces are not supportive of breastfeeding
 
15           employees and such employees have:
 
16           (A)  Been discharged for requesting to breastfeed or
 
17                express milk during lunch or regular breaks;
 
18           (B)  Been harassed or discriminated against for
 
19                breastfeeding or expressing milk at work; and
 
20           (C)  Had their pay withheld for indicating an intention
 
21                to breastfeed or express milk during the workday.
 
22     The purpose of this Act is to prohibit discriminatory
 
23 employment practices against women who breastfeed or express
 

 
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 1 milk.
 
 2     SECTION 2.  Chapter 378, Hawaii Revised Statutes, is amended
 
 3 by adding a new section to be appropriately designated and to
 
 4 read as follows:
 
 5     "§378-     Breastfeeding.  An employer shall provide
 
 6 employees with up to one hour unpaid leave during the working day
 
 7 for the sole purpose of breastfeeding or expressing milk for a
 
 8 period not to exceed one year after the birth of a child."
 
 9      SECTION 3.  Section 378-1, Hawaii Revised Statutes, is
 
10 amended by amending the definition of "because of sex" to read as
 
11 follows:
 
12      ""Because of sex" shall include, but is not limited to,
 
13 because of pregnancy, childbirth, breastfeeding or expressing
 
14 breastmilk, or related medical conditions; and women affected by
 
15 pregnancy, childbirth, breastfeeding or expressing breastmilk, or
 
16 related medical conditions shall be treated the same for all
 
17 employment-related purposes, including receipt of benefits under
 
18 fringe benefit programs, as other individuals not so affected but
 
19 similar in their ability or inability to work."
 
20      SECTION 4.  Section 489-5, Hawaii Revised Statutes, is
 
21 amended by amending subsection (b) to read as follows:
 
22      "(b)  It is a discriminatory practice [to deny]:
 
23      (1)  To deny a person the full and equal enjoyment of the
 

 
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                                     H.B. NO.           H.D. 2
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 1           goods, services, facilities, privileges, advantages,
 
 2           and accommodations of a place of public accommodations
 
 3           because of the known disability of an individual with
 
 4           whom the person is known to have a relationship or
 
 5           association[.]; and
 
 6      (2)  To restrict or limit the right of a woman to breastfeed
 
 7           a child in a place of public accommodations."
 
 8      SECTION 5.  Statutory material to be repealed is bracketed.
 
 9 New statutory material is underscored.
 
10      SECTION 6.  This Act shall take effect upon its approval.