Vermont

Vermont

Public Breastfeeding Law

“This act states that the general assembly finds that breastfeeding a child is an important, basic and natural act of nurture that should be encouraged in the interest of enhancing maternal, child and family health, and amends the discrimination laws to provide that a mother may breastfeed her child in any place of public accommodation in which the mother and child would otherwise have a legal right to be.
A person aggrieved by a violation of this provision may file a charge of discrimination with the human rights commission or may bring an action for injunctive relief, compensatory and punitive damages, or any other appropriate relief in superior court. A public accommodation that violates this provision may be subject to a criminal penalty of a fine of not more than $1,000.00.
The act directs the human rights commission to develop and distribute materials that provide information regarding a woman’s legal right to breastfeed her child in a place of public accommodation. Special attention is to be given to notifying public accommodation membership organizations. The commission is directed to issue to the House and Senate committees on judiciary a brief summary of the actions taken by the commission pursuant to this act by January 15, 2003.
Effective Date: The provision of the act granting a woman the right to breastfeed in a place of public accommodation takes effect on March 15, 2003. The legislative findings and provisions regarding the educational effort by the commission took effect upon passage; May 28, 2002.”

Work Place Pumping Law

"§ 305. Nursing mothers in the workplace

(a) For an employee who is a nursing mother, the employer shall for three years after the birth of a child:

(1) provide reasonable time, either compensated or uncompensated, throughout the day to express breast milk for her nursing child. The decision to provide compensated time shall be in the sole discretion of the employer, unless modified by a collective bargaining agreement; and

(2) make a reasonable accommodation to provide appropriate private space that is not a bathroom stall.

(b) An employer may be exempted from the provisions of subsection (a) of this section if providing time or an appropriate private space for expressing breast milk would substantially disrupt the employer's operations.

(c) An employer shall not retaliate or discriminate against an employee who exercises or attempts to exercise the rights provided under this section. The provisions against retaliation in subdivision 495(a)(8) of this title and the penalty and enforcement provisions of section 495b of this title shall apply to this section.

(d) In lieu of an enforcement action through the Vermont Judicial Bureau, the Attorney General or a State's Attorney may enforce the provisions of this section by bringing a civil action for temporary or permanent injunctive relief, economic damages, including prospective lost wages for a period not to exceed one year, investigative and court costs. The Attorney General or a State's Attorney may conduct an investigation of an alleged violation and enter into a settlement agreement with the employer. Such investigation shall not be a prerequisite to bringing a court action. (Added 2007, No. 144 (Adj. Sess.), § 2; amended 2013, No. 31, § 4.)"

http://legislature.vermont.gov/statutes/section/21/005/00305

Pages