Requires the State Commission on the Status of Women to
accumulate, compile, and publish data concerning instances of
discrimination involving breastfeeding or expressing breastmilk
in the workplace.  Prohibits an employer from penalizing an
employee who breastfeeds or expresses milk at the workplace.
(HB266 HD2)

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 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

 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

 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

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                                     H.B. NO.           H.D. 2

 1 employment practices against women who breastfeed or express
 2 milk.
 3     SECTION 2.  Section 387, Hawaii Revised Statutes, is amended
 4 by adding a new section to be appropriately designated and to
 5 read as follows:
 6     "387-     Breastfeeding.  An employer may provide employees
 7 with adequate time during the working day for the sole purpose of
 8 breastfeeding or expressing milk for a period not to exceed one
 9 year after the birth of a child."
10     SECTION 3.  Section 367-3, Hawaii Revised Statutes, is
11 amended to read as follows:
12     "367-3 Duties of commission.  The commission shall:
13     (1)   Act as a central clearinghouse and coordinating body
14           for governmental and nongovernmental activities and
15           information relating to the status of women;
16     (2)   Accumulate, compile, and publish information concerning
17           instances of actual discrimination, and discrimination
18           in the law, against women[;], including instances of
19           discrimination involving breastfeeding or expressing
20           breastmilk in the workplace under chapter 378.  For
21           purposes of this paragraph, the term "breastfeeding"
22           means the feeding of a child directly from the breast
23           by a lactating woman;

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                                     H.B. NO.           H.D. 2

 1     (3)   Cooperate with the department of labor and industrial
 2           relations and other state departments and agencies and
 3           appropriate federal offices and agencies in correcting
 4           unlawful employment practices, in public and private
 5           employment, involving discrimination because of sex;
 6     (4)   Create public awareness and understanding of the
 7           responsibilities, needs, potentials, and contributions
 8           of women as homemakers, workers, and active
 9           participants in community life and of the importance of
10           each of these roles in the changing society;
11     (5)   Recommend legislative and administrative action on
12           equal treatment and opportunities for women;
13     (6)   Seek improvements in educational and counseling
14           programs and policies to meet the needs of girls and
15           women in order better to prepare them for their roles
16           in the home and community;
17     (7)   Encourage a long-range program of education of women in
18           their political rights and responsibilities,
19           particularly with respect to their voting duties;
20     (8)   Maintain contacts with appropriate federal, state,
21           local and international agencies concerned with the
22           status of women;
23     (9)   Cooperate with national groups on the status of women

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                                     H.B. NO.           H.D. 2

 1           and arrange for participation by representatives of the
 2           State in White House conferences and other national
 3           conferences from time to time;
 4     (10)  Administer funds allocated for its work; be authorized
 5           to accept, disburse, and allocate funds which may
 6           become available from other governmental and private
 7           sources; provided that all such funds shall be
 8           disbursed or allocated in compliance with any specific
 9           designation stated by the donor and in the absence of
10           such specific designation, such funds shall be
11           disbursed or allocated on projects related to any of
12           the purposes of this chapter; and
13     (11)  Submit an annual report with recommendations to the
14           governor and the legislature."
15      SECTION 4.  Section 378-2, Hawaii Revised Statutes, is
16 amended to read as follows:
17      "378-2 Discriminatory practices made unlawful; offenses
18 defined.  It shall be an unlawful discriminatory practice:
19      (1)  Because of race, sex, sexual orientation, age,
20           religion, color, ancestry, disability, marital status,
21           or arrest and court record:
22           (A)  For any employer to refuse to hire or employ or to
23                bar or discharge from employment, or otherwise to

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                                     H.B. NO.           H.D. 2

 1                discriminate against any individual in
 2                compensation or in the terms, conditions, or
 3                privileges of employment;
 4           (B)  For any employment agency to fail or refuse to
 5                refer for employment, or to classify or otherwise
 6                to discriminate against, any individual;
 7           (C)  For any employer or employment agency to print,
 8                circulate, or cause to be printed or circulated
 9                any statement, advertisement, or publication or to
10                use any form of application for employment or to
11                make any inquiry in connection with prospective
12                employment, which expresses, directly or
13                indirectly, any limitation, specification, or
14                discrimination;
15           (D)  For any labor organization to exclude or expel
16                from its membership any individual or to
17                discriminate in any way against any of its
18                members, employer, or employees; or
19           (E)  For any employer or labor organization to refuse
20                to enter into an apprenticeship agreement as
21                defined in section 372-2; provided that no
22                apprentice shall be [less] younger than sixteen
23                years of age;

Page 8                                                     266
                                     H.B. NO.           H.D. 2

 1      (2)  For any employer, labor organization, or employment
 2           agency to discharge, expel, or otherwise discriminate
 3           against any individual because the individual has
 4           opposed any practice forbidden by this part or has
 5           filed a complaint, testified, or assisted in any
 6           proceeding respecting the discriminatory practices
 7           prohibited under this part;
 8      (3)  For any person whether an employer, employee, or not,
 9           to aid, abet, incite, compel, or coerce the doing of
10           any of the discriminatory practices forbidden by this
11           part, or to attempt to do so;
12      (4)  For any employer to violate the provisions of section
13           121-43 relating to nonforfeiture for absence by members
14           of the national guard;
15      (5)  For any employer to refuse to hire or employ or to bar
16           or discharge from employment, any individual because of
17           assignment of income for the purpose of satisfying the
18           individual's child support obligations as provided for
19           under section 571-52; [or]
20      (6)  For any employer, labor organization, or employment
21           agency to exclude or otherwise deny equal jobs or
22           benefits to a qualified individual because of the known
23           disability of an individual with whom the qualified

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                                     H.B. NO.           H.D. 2

 1           individual is known to have a relationship or
 2           association[.]; or
 3      (7)  For any employer or labor organization to refuse to
 4           hire or employ, or to bar or discharge from employment,
 5           or withhold pay, demote, or penalize a lactating
 6           employee because an employee breastfeeds or expresses
 7           milk at the workplace.  For purposes of this paragraph,
 8           the term "breastfeeds" means the feeding of a child
 9           directly from the breast."
10      SECTION 5.  Statutory material to be repealed is bracketed.
11 New statutory material is underscored.
12      SECTION 6.  This Act shall take effect upon its approval.