PRINTER'S NO. 1309
No. 1073 Session of 2007
INTRODUCED BY SOLOBAY, BARRAR, BENNINGHOFF, BENNINGTON,
CALTAGIRONE, CARROLL, CURRY, FABRIZIO, FREEMAN, GEORGE,
GIBBONS, HENNESSEY, HERSHEY, JAMES, KOTIK, LEACH, MAHONEY,
MANDERINO, MANN, MUNDY, MURT, MYERS, M. O'BRIEN, PAYNE,
PETRARCA, QUINN, RUBLEY, SANTONI, K. SMITH, SURRA, J. WHITE,
YOUNGBLOOD, CONKLIN AND KORTZ, APRIL 18, 2007
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, APRIL 18, 2007
AN ACT
1 Amending the act of October 27, 1955 (P.L.744, No.222),
2 entitled, as amended, "An act prohibiting certain practices
3 of discrimination because of race, color, religious creed,
4 ancestry, age or national origin by employers, employment
5 agencies, labor organizations and others as herein defined;
6 creating the Pennsylvania Human Relations Commission in the
7 Governor's Office; defining its functions, powers and duties;
8 providing for procedure and enforcement; providing for
9 formulation of an educational program to prevent prejudice;
10 providing for judicial review and enforcement and imposing
11 penalties," defining "breastfeeding"; further providing for
12 unlawful discriminatory practices; and providing for
13 breastfeeding by employees.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Sections 4 and 5 of the act of October 27, 1955
17 (P.L.744, No.222), known as the Pennsylvania Human Relations
18 Act, are amended by adding clauses to read:
19 Section 4. Definitions.--As used in this act unless a
20 different meaning clearly appears from the context:
21 * * *
1 (bb) The term "breastfeeds" means the feeding of a child
2 with breastmilk directly from the breast.
3 Section 5. Unlawful Discriminatory Practices.--It shall be
4 an unlawful discriminatory practice, unless based upon a bona
5 fide occupational qualification, or in the case of a fraternal
6 corporation or association, unless based upon membership in such
7 association or corporation, or except where based upon
8 applicable security regulations established by the United States
9 or the Commonwealth of Pennsylvania:
10 * * *
11 (m) For any employer, employment agency or labor
12 organization to refuse to hire or employ, or to bar or discharge
13 from employment, or withhold pay, demote or penalize, or
14 otherwise discriminate against an individual who is lactating
15 because the individual breastfeeds or expresses her breastmilk
16 at the workplace.
17 * * *
18 Section 2. The act is amended by adding a section to read:
19 Section 5.4. Breastfeeding by Employes.--No employer shall
20 prohibit an employe who is lactating from expressing her
21 breastmilk during any meal period or other break period required
22 by law to be provided by the employer or required by collective
23 bargaining agreement.
24 Section 3. This act shall take effect in 60 days.
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