Why We Must Stand Up For the Right to Breastfeed
Posted September 9th, 2009 by Senator Jeff MerkleyRight now in America, working mothers are being discriminated against solely because they breastfeed their children. Last week the Ohio Supreme Court threw logic out the window when it ruled that a woman was rightfully fired for taking breaks at work to pump breast milk. Apparently it would have been acceptable for Lanisa Allen to take a break to use the bathroom as long as she didn’t pump breast milk in the process.
The Court argued that Totes/Isotoner had the right to fire Allen because she made the choice to breastfeed her child, which apparently does not qualify as a condition related to pregnancy and, therefore, does not constitute gender discrimination.
It is astounding that any court would come to a decision stating that breastfeeding is a condition unrelated to pregnancy. That’s like saying the branches of a tree aren’t at all related to the roots below the ground. All new mothers should have the opportunity to breastfeed their babies because it is integral to the health and long term well-being of the child.
There is significant scientific evidence showing that children who are breastfed have lower risks of disease and illnesses including asthma, diabetes, obesity, and certain cancers. Additionally, there is evidence to suggest that breastfeeding has significant health benefits for mothers as well. Yet, companies in America are allowed to fire working mothers for not only doing what’s best for the health of their child, but for themselves as well? That’s just plain wrong.
In Oregon, I championed an effort to provide working mothers with flexible break times and privacy to pump breast milk. We won that battle two years ago and now it’s time to expand Oregon’s effort nationwide.
In June, Representative Carolyn Maloney, who has been a long-standing champion of the right of women to breastfeed, and I introduced the Breastfeeding Promotion Act, a bill that would protect breastfeeding in the workplace by making it easier for nursing mothers to pump in private. Additionally, I proposed an amendment to the health reform bill to help provide new mothers with flexible break times and privacy to pump breast milk. The amendment garnered support from both sides of the aisle, was unanimously passed by the Senate Health, Education, Labor and Pensions (HELP) Committee and was included in the Affordable Health Choices Act.
This ruling by the Ohio Supreme Court reaffirms why it’s important that Congress include this amendment in the health reform legislation. We must enable all working mothers with the opportunity to nourish their newborn children.
Working mothers have so much on their plates when they give birth to a child; the last thing they should have to worry about is whether they’ll lose their jobs just because they want to do what’s best for their babies when they return to work.
We have to work together to make sure that the case in Ohio, where a woman was fired for taking breaks at work to pump breastmilk for her newborn, never happens again.
9 Comments
thanks.sen.Merkley,IHope this will be a bipartisan effort and concern.We would like to see more media on breasfeeding and reduce unhealthy commercials.There is so much ignorance on the benefits of breasfeeding.I hope to see this done before the election.nurse,mother of one bottle fed baby and two breasfed babies.Can tell facts on differences between kids.thanks good luck.
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January 21, 2010 at 7:30 pm by Erin O'Reilly, RN,MSNR,IBCLCThank you, Senator Merkley for working to get this needed legislation passes at the federal level. In addition, we need to have a formal way of keeping federal breastfeeding statistics; initiation, exclusivity and continuation rates. As it currently stands, CDC does only surveys to assess this important and potent public health indicator: breastfeeding. We already do a good job immunizing our babies in this country, why don’t we just add breastfeeding assessment to the immunizations schedule and form, especially since breastfeeding is a baby’s first and foremost immunization!! Please consider some legislation to address this need for accurate and formal breastfeeding statistics at the federal level. Then we could really see how potent a public health tool breastfeeding is!
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January 16, 2010 at 11:44 am by Kim WilloughbyThank you Sen. Merkley. This is a very important issue for the whole country, due the issue of health care. Preventive medicine, starts with breastfeeding our babies. Preventive medicne saves
money.
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January 15, 2010 at 2:46 pm by Breastfeeding educatorThank you for working on making the work place flexible for all women. I work at a school in NY. Nursing mothers have no place to go in my school. I had a closet but it had a window. The fire dept said windows even to a closet could not be covered. I had to move. I asked to use the nurses office. The nurses did not want to allow me to use a room even for one day!
I am not alone in this treatment. Another woman asked a union official to use an unused union office. She was told a resounding no! The VP of the school, another woman, told her to breast feed in the bathroom. The bathrooms are dirty and not a sanitary place or private place to pump.
A kind teacher who previously pumped gave me the keys to a chemistry closet. Although this provided me with a space that was private, I was surrounded by chemicals.
Ironically, the nurses have given my name to other nursing mothers as to have a place to pump. What can I say, I pump in a closet.
At a time when women are to solely breastfeed for the health of their children, it is hard to believe that the courts remain hostile to working women.
Other countries allow pregnant women to take off six weeks before their due date and to remain out of work with pay for a year to two years. It is a disgrace that “family values” do not include a true maternity leave beyond 12 weeks unpaid.
Hopefully this country will follow the model of most other industrialized nations when it comes to caring for their women and children.
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September 18, 2009 at 2:52 pm by Donna NortonThanks for taking a stand on this issue!
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September 14, 2009 at 4:47 pm by Tara BernabeThank you! As you point out breastfeeding has many benefits for moms and babies (and employers too!) and should be a valued right for working mothers. It is long overdue for this to be addressed at the Federal level.
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September 9, 2009 at 7:12 pm by Sunny PetitThank you for your work on this Senator Merkley! I became a mom in Portland, Oregon a month before the law in Oregon came into effect- what luck to have you doing such good work here- and now on a national level!
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September 9, 2009 at 4:17 pm by Ashlee TranAgreed! This issue is immensely important and should not be overlooked.
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September 9, 2009 at 3:35 pm by TheFeministBreederThank you Sen. Merkley! This is a hugely important issue to so many of us. Let’s get the Breastfeeding Promotion Act passed!
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