Info Sessions on New Breastfeeding Policy

The Nova Scotia Human Rights Commission holds its next session on its new breastfeeding policy on Wednesday, June 14, in Halifax. The policy is being released in tandem with the sessions, which began on Wednesday, May 31.

"We want to give retailers, employers, health professionals, service providers and human resources professionals an opportunity to gain greater understanding of the policy through the presentations and discussions at these sessions," said Mayann Francis, executive director of the commission.

The policy affirms a woman's right to breastfeed in public. It is modeled after similar policy developed in Ontario for that province's human rights commission. The policy states that women can't be told to move to a more discreet area to breastfeed or feel compelled to do so. The policy also states that women who need to breastfeed while working should be accommodated to do so up to the point of undue hardship on the employer.

"Some moms may prefer to breastfeed on a bench in the shopping mall, others may like a quiet space," said Ms. Francis. "We suggest service providers simply ask breastfeeding moms how they can best accommodate her needs. In the workplace context, employers and employees will need to work together to work on a solution that is satisfactory to everyone. Sometimes breastfeeding in the workplace will be possible, sometimes it won't be. We expect there will be give and take."

The information session on June 14 takes place from noon to 1 p.m. in the Akins Room at the Public Archives of Nova Scotia, 6016 University Ave., in Halifax. The commission wants to hold similar sessions through its regional offices in Sydney, New Glasgow and Digby with partners in public health. Ms. Francis said feedback from the two scheduled sessions will help with planning future meetings. As well, the commission is open to calls from service providers and employers to explain and discuss the policy. The commission's inquiry line is 902-424-4111 or toll-free 1-877-269-7699.

"It is my hope and my expectation that common sense will prevail in situations involving moms who want to breast-feed their children," she said. "Through respectful dialogue much can be accomplished."

For more information on the June 14 session, please contact the commission at 902-424-4111.

NOTE TO EDITORS: A copy of the breastfeeding policy for the Nova Scotia Human Rights Commission is attached below.

Breastfeeding Policy Approved by the Nova Scotia Human Rights Commission

Under the Human Rights Act women are protected from discrimination and harassment because of sex, which includes pregnancy, and family status, which means being in a parent-child relationship. In Nova Scotia it is illegal to discriminate because a woman is or was pregnant, because she may become pregnant or because she has had a baby. This includes a woman's right to breastfeed her child.

(1) The Human Rights Act prohibits discrimination in the area of "the provision of or access to services and facilities." Women have the right to breastfeed a child in public areas, including restaurants, retail stores and shopping centres, theatres and so forth. Women should not be prevented from nursing a child in a public area, nor asked to move to another area that is more "discreet."

(2) The Human Rights Act prohibits discrimination in the area of employment against women who are breastfeeding. Employers have a duty to accommodate employees who are breastfeeding. This duty is limited only if the accommodation would create an undue hardship. Accommodation could include allowing the employee to have the baby brought into the workplace by a care-giver for feeding, and arranging a quiet place to breastfeed. The onus is on the employer to show an undue hardship if a request for accommodation related to breastfeeding is refused.

(3) The Nova Scotia Human Rights Commission will accept complaints of discrimination based on sex and/or family status related to breastfeeding, and will deal with them in accordance with the above policies.