Breastfeeding Mothers Protected from Discrimination and Prosecution

In Michigan this week, bipartisan legislation was signed protecting mothers who nurse their children in public from discrimination and prosecution. 45 states now have some form of law allowing women to breastfeed in public or private locations.

The new statute confirms that mothers who breastfeed their children in public cannot be discriminated against or prosecuted under indecent exposure law frameworks when the act of nursing is involved. Importantly, this includes immunity from prosecution for actions previously misclassified under exposure or obscenity statutes and ensures mothers cannot be charged or penalized for exercising this protected right.

What the New Law Covers

Known informally as the “Breastfeeding Anti-Discrimination Act,” the legislation specifies several critical changes that directly strengthen public and workplace rights for nursing mothers. Key protections include:

• The legal right to breastfeed in any public or private location where a mother is otherwise allowed to be present
• A ban on criminal prosecution under indecent exposure or public obscenity statutes for breastfeeding
• The removal and prohibition of signage that explicitly bans or discourages breastfeeding
• A ban on treating breastfeeding as unlawful or indecent behavior under exposure laws
• A guarantee that no mother can be charged for workplace or public decency violations when nursing a child
• Legal remedies allowing mothers to file a civil action for discrimination

Public locations defined under the law include – but are not limited to – retail shops, restaurants, public transportation, workplaces, and service food establishments. These protections are especially relevant to industries that previously attempted to restrict nursing space access due to policy ambiguity, informal supervisory bias, or contractual bargaining imbalance.

The “Breastfeeding Anti-Discrimination Act” allows a woman to breastfeed a child in any public place. Public places include, but are not limited to, shops, restaurants and public buses. Any woman who is denied this privilege can file a civil suit claiming damages up to $200 for discrimination.

Other changes in the legislation include the banning of signs prohibiting breastfeeding and ensuring mothers cannot be charged for indecent exposure.

To read the full article, click here. If you have any questions about the act, the laws in your state, or feel you have been discriminated against, contact us today.