More and more, public spaces, companies, and entities are making efforts to accommodate breastfeeding mothers. As a recent example of this, you may have noticed if you’ve traveled in airports recently that small privacy pods are being installed so that breastfeeding mothers can pump or feed their babies in private. For many weary mothers traveling with babies or a bag of pumping supplies, this privacy option (that isn’t a bathroom stall) is probably much appreciated.
Still, even if private accommodations are available, does this mean breastfeeding mothers should be required to use them? That is the issue in a civil lawsuit just filed against the Jefferson County Schools in Louisville, Kentucky. The suit, filed by a parent volunteer and member of the school’s site-based council, alleges that the District violated KRS 211.755 when its officials asked the mother to move to private office to feed her infant daughter. According to an interview given by the plaintiff and her attorney, this conversation occurred after she had started feeding her daughter. After the incident, the plaintiff alleges that she was told by school officials that breatsfeeding in the future while volunteering would need to occur in a private office. As a result of this encounter, the plaintiff claims she has missed out on other volunteer opportunities and is seeking money damages and an injunction.
Notably, while KRS 211.755 certainly appears to protect the rights of mothers to breastfeed or express milk and prohibits interference with the act of breastfeeding, there are no judicial interpretations of its meaning. Moreover, the protections apply only in spaces where the mother is “otherwise authorized to be.” Since no court has yet to interpret this phrase, it is not clear to what extent a public entity or school could make advance arrangements or craft policies to address breastfeeding by members of the public or volunteers. It is also not clear what rises to the level of “interference” under KRS 211.755(3).
Furthermore, no remedy for violations of KRS 211.755 is stated in the statute itself. This may mean that the only mechanism for enforcing the statute is KRS 446.070, a statute that authorizes civil suits for violations of Kentucky statutes. However, certain elements must be satisfied for this mechanism to be available. Moreover, some case law suggests that an action filed pursuant to KRS 446.070 may be subject to immunity defenses available to school districts and officials under Kentucky law. Since no court has yet interpreted KRS 211.755, it is not currently clear whether damages suits for violations of that provision are available.
Regardless, schools and other public entities who rely on the time and talent of parent volunteers, would be wise to review the requirements of KRS 211.755 with their attorneys. As education about breastfeeding accommodations becomes more widespread, these issues are likely to only increase. Furthermore, ensuring quality communciation and respect for the rights of mothers is a great way to establish and build relationships with the public and volunteers who contribute so much to schools.
Beyond this, advocates are working hard to expand the protections for breastfeeding mothers in public spaces. Just recently, Kentucky passed Senate Bill 18 which amends its Civil Rights Act to include protections for expectant and breastfeeding mothers. We’ll cover this topic is our next post.