Breastfeeding in public is a right for Australian women, protected nationally by the Sex Discrimination Act 1984.
Although the laws differ slightly from State to State, in Queensland breastfeeding is a protected attribute, whereby discrimination on the basis of breastfeeding is explicitly illegal in all areas of public life.
What is discrimination?
Under the federal Sex Discrimination Act 1984 it is illegal in Australia to discriminate against a mother either directly or indirectly on the grounds of breastfeeding.
Care needs to be taken in considering whether discrimination has actually occurred.
Some mothers, who are not as confident in breastfeeding in public, may be particularly sensitive to comments made by others when they are breastfeeding.
Being offered a private room to breastfeed in whilst waiting in a reception of a business is most likely not a form of discrimination but simply a conscious act by the business to assist customers in not feeling vulnerable.
Of course, if you feel that such assistance is offensive and/or aggressive then you should simply decline the invitation and perhaps consider making a written complaint to the business.
Any invitation or specific room designated to breastfeeding does not have to be used. These rooms are simply provided as an act of service only.
Examples of discrimination include:
- a mother who is declined service at a restaurant because she was breastfeeding;
- a mother who is declined the right to travel on public transport because she is breastfeeding;
- an employer imposing a requirement on all employees that they must not take any breaks during the day under any circumstances. Such condition being particularly disadvantageous to women who need to express milk.
What can I do if I am verbally abused for breastfeeding in public?
Although these types of incidents are uncommon, and ordinarily only escalated by media outrage, a mother who is verbally attacked for breastfeeding in public should consider seeking emotional support, rather a good start as you will be able to share your experience and the experiences of others without feeling ashamed or confused about the situation.
What can I do if I am verbally threatened or physically attacked?
If a mother is ever in a situation where she is verbally threatened together with physical contact then this could constitute assault, which would be classed as a criminal act. Any such incident of verbal threat and/or physical attack should be reported to police.
Knowing your rights
Knowing and understanding your rights is important. There are avenues for complaint in the event that you feel you have been discriminated against because of breastfeeding. The most common remedies, depending on the severity of the discrimination, include an apology, access to facilities previously denied and financial compensation.
“A mother’s right to breastfeed is protected by the federal Sex Discrimination Act, which prohibits discrimination on the basis of sex, marital status, pregnancy and potential pregnancy. The Act also makes clear that discrimination because a woman is breastfeeding (or expressing) is regarded as sex discrimination because it is clearly a characteristic of women.” Former Sex Discrimination Commissioner, Pru Goward (2001-2006)
