Breastfeeding

Discrimination - Breastfeeding Factsheet - PDF Format (69KB)

Discrimination is treating someone unfairly or less favourably because of a personal characteristic. In Victoria it is against the law to discriminate against a woman because she is breastfeeding a child or expressing milk.

Example

Lee goes to the movies with her baby and a friend. While Lee is waiting to go into the cinema, she breastfeeds her baby. An usher tells her she cannot feed her baby in the foyer because it is embarrassing other patrons.

When is discrimination against the law?

Discrimination laws apply to public behaviour, not to private conduct.

Public areas covered by the law include accommodation, clubs and club members, disposal of land, education, employment, goods and services, sport and local government.

Examples

Susan’s employer rules that employees cannot take breaks other than scheduled lunch and tea breaks. This may indirectly discriminate against Susan, who is breastfeeding and wants to return to work, as it will be impossible for her to express milk as needed.

Clare returns to work part-time after maternity leave and leaves expressed breast milk with her baby’s carer. At lunchtimes she returns home to breastfeed her baby, meaning she takes an hour and a half for lunch instead of the standard hour. Her supervisor tells Clare that other staff have complained. Clare explains why she needs the extra time and offers to work later to make it up but her supervisor refuses, saying it is unfair to allow her a longer lunch break.

How can the Victorian Equal Opportunity and Human Rights Commission help?

We help resolve complaints of discrimination by offering a confidential, free and impartial resolution service with the aim of achieving a mutual agreement.

Representative Complaints

Victoria's equal opportunity laws were amended in October 11 2006 making it possible for a person or representative body to lodge a complaint with the Commission on behalf of a named person or persons who believe they have been subjected to discrimination or sexual harassment. A representative must be either a person with the same complaint or an organisation with sufficient interest in the complaint.

Contact our free and confidential Advice Line: (03) 9281 7100
TOLL FREE (country callers) 1800 134 142
TTY: (03) 9281 7110
Email: information@veohrc.vic.gov.au

Free interpreters are available on request.

The VEOHRC complies with Victorian privacy laws and the confidentiality provisions of the Equal Opportunity Act 1995. For a copy of the VEOHRC’s privacy policy, please go to www.humanrightscommission.vic.gov.au/privacy or contact the VEOHRC.

DISCLAIMER: This information is intended as a guide only. It is not a substitute for legal advice.

Authorised and printed by the Victorian Equal Opportunity and Human Rights Commission, 3/380 Lonsdale St, Melbourne, Victoria, 3000

April 2007