Know Your Rights: Black Breastfeeding

Breastfeeding amongst Black women faces unique challenges. Despite having health benefits for both mother and infants, Black mothers still face barriers in meeting their breastfeeding intentions. These can range from negative perceptions about breastfeeding to inaccessible lactation support and a lack of knowledge about breastfeeding laws and policies. In this article, we delve into breastfeeding rights for women with a specific focus on legal protections and what you can do to assert your rights.

Breastfeeding Among Black Women: Systematic Disparities

Historically, Black women bodies were exploited, and their ability to breastfeed their own children was often denied or co-opted. Due to this painful history, systematic disparities have continued to exist and influence the current healthcare system. Black women still breastfeed their babies at a lower rate than their white counterparts, and this disparity is more than just whether a woman chooses to breastfeed her child or not.

Although chattel slavery is now a thing of the past, the echoes of this history continue to influence the society. For Black women, they are often subject to implicit bias and structural inequities. They often encounter specific barriers such as being unaware of their legal rights regarding breastfeeding and workplace discrimination such as being overtly discouraged from breastfeeding. For instance, hospital maternity wards that serve larger black populations are less likely to help Black women initiate breastfeeding after giving birth or offer lactation support post-delivery

According to the CDC, Black women are more likely than others to stop breastfeeding early. This is caused by factors like the need to return to work shortly after giving birth, and disproportionately working in jobs with limited leave and inflexible hours. With most of the working in low-wage jobs, they are less likely to have access to pumping time and space in the workplace. In addition, many Black mothers experience disproportionate scrutiny or negative reaction when breastfeeding in public spaces. Their access to support such as lactation consultants and culturally competent healthcare providers is also limited.

Fundamental Right to Breastfeed for Black Women

The United States has put in place several measures to protect the rights of women to breastfeed. Many of the laws are specific to certain states, while others are applied throughout the country. There is still a need to boost breastfeeding support for Black women to both empower them and improve the health of their babies.

The majority of states have public breastfeeding laws that allow a mother to breastfeed her child in any public or private location without fear or discrimination. This means that you cannot be asked to move, cover up, or stop breastfeeding in places like stores, parks, restaurants, or even government buildings. Individual states also have extensive laws related to workplace lactation accommodations, such as requirements for paid breaks, additional facility standards, longer periods of protection, and more.

Concerning workplace protections, legal protections allow mothers to comfortably and freely breastfeed their children. The Affordable Care Act (ACA) amended the Fair Labor Standard Act (FLSA) by requiring employers to provide their employees a reasonable break time for express breast milk for her nursing child for one year after the child is born. The law also requires employers to provide a place within their building, other than a bathroom, where employees can use to express breast milk. This place or space should be shielded from view and free from intrusion from coworkers or break.

This federal protection was initially applied to non-exempt employees, but more recent legislations such as the Providing Urgent Maternal Protections (PUMP) for Nursing Mother Act, which was enacted in 2023 provides coverage for all employees, including many exempt workers. The key provisions of this Act include:

Expanded Coverage: PUMP Act extends protections to nearly all employees covered by FLSA, including salaried employees, teachers, registered nurses, and many transportation workers like truck and taxi drivers
Reasonable Break Time: Employers must provide reasonable break time for an employee to express breast milk whenever they need, up to one year after the child’s birth
Private, Non-Bathroom Space: Employers must provide a breastfeeding place or space, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public
Compensation for Break Time: Although employers are not required to compensate non-exempt employees for break time spent pumping, the employee must be completely relieved from duty during the pumping break
Enforcement Mechanisms (Private Right of Action): Employees can file a lawsuit against employers who violate the law, including the break time and space requirements
Limited Exemptions: Employees in airlines, railroads, and motor coach carrier industries have limited exemptions related to the nature of their work
Anti-Retaliation: Employers are prohibited from retaliating against employees for exercising their rights under the PUMP Act, filing a complaint, or cooperating with an investigation

Other legal protections for breastfeeding black women include jury duty exemptions and housing protections. Jury duty exemptions or deferrals for breastfeeding mothers recognize the practical challenges of serving on a jury while actively nursing an infant. On the other hand, general housing laws protect individual from discrimination based on familial status indirectly safeguard a mother’s right to breastfeed within her home undisturbed.

How to Assert Your Breastfeeding Rights as a Black Woman?

Understanding your breastfeeding rights is essential for asserting them and breastfeeding your little one with confidence. You should start by educating yourself on the specific breastfeeding laws in your state or county. This information can be found on organizations such as the U.S. Department of Labor, the National Women’s Law Center, and local advocacy groups. When Black mothers are empowered to overcome breastfeeding stigma, they become more confident in themselves and pursue what is best for them and their children.

Consider printing out or carrying the laws on your phone for easy reference and document any experiences of discrimination or violation of your rights. It is also a good idea to have an open conversation with your employer or human resource manager about your needs for pumping breaks and a designated space. Depending on your experience, you may also seek advocacy and motherhood support to further protect your breastfeeding rights as a Black woman.

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