The general court finds that:

(a)    women with infants and toddlers are the fastest growing segment of today's labor force, with at least 50 per cent of pregnant women who are employed returning to work by the time their children are 3 months old;

(b)   breastfeeding is the best form of nutrition for infants;

(c) there are benefits to the child, the mother and society by encouraging and enabling mothers to breastfeed their children;

(d) infants who are breastfed receive protection against infection, illness and allergies and long-term positive effects on their development, intelligence and health;

(e) a protective effect against various types of cancer and greater emotional and physical health are found in mothers who breastfeed;

(f) breastfeeding promotes sufficient birth spacing, improved vaccine effectiveness and decreased food and medical expenses, which all have positive societal effects;

(g) a mother has a responsibility to both her job and her child when she returns to work;

(h) a woman's choice to breastfeed benefits the family, the employer and society;

(i) women who wish to continue breastfeeding after returning to work have relatively few needs, such as the availability of a clean, safe, private and comfortable location to express milk at the worksite; the opportunity to pump their breasts frequently enough to maintain their milk supply; and an adequate place to temporarily store their expressed milk; and

(j) legislation to clarify the right to breastfeed is necessary to promote breastfeeding by mothers and remove any obstacles from influencing a mother's decision to breastfeed or continue breastfeeding out of fear of reprisal.

SECTION 2.  Chapter 111 of the General Laws is hereby amended by inserting after section 217, as inserted by section 3 of chapter 141 of the acts of 2000, the following section:-

Section 218.  Notwithstanding any general or special law to the contrary, a mother may breastfeed her baby in any location, public or private, where the mother is otherwise authorized to be, irrespective of whether or not the nipple of the mother’s breast is covered during or incidental to the breastfeeding.

SECTION 3.  Chapter 149 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after section 105D, the following section:-

Section 105E.  (a) For purposes of this section, the following words shall have the following meanings:-

“Employee”, an employee as defined in section 1 of chapter 151B.

“Employer”, an employer as defined in section 1 of chapter 151B.

“Labor organization”, a labor organization as defined in section 1 of chapter 151B.

(b) No employer or labor organization shall prohibit an employee from expressing breast milk during any meal period or other break period required by law to be provided by the employer or required by a collective bargaining agreement.  Employers and labor organizations shall also provide reasonable unpaid break time each day to an employee who needs to express breast milk for her child.  If possible, the break time for breastfeeding shall run concurrently with any break time already provided to the employee.  The employer or labor organization shall make reasonable efforts to provide a room or other location in close proximity to the work area, other than a toilet stall, where the employee can express her breast milk in privacy.  An employer or labor organization is not required to provide break time for breastfeeding by an employee under this section if to do so would unduly disrupt the operations of the employer or labor organization.

(c) It shall be an unlawful discriminatory practice for any employer or labor organization, because an employee expresses milk at the workplace, to refuse to hire or employ or to bar or to discharge from employment such employee or to discriminate against such employee in compensation or in terms, conditions or privileges of employment, unless based upon a bona fide occupational qualification. 

(d) Violation of this section shall be subject to the second paragraph of section 150 and to section 180.  An employer or labor organization shall be not liable for a violation of this section if reasonable efforts have been made to comply with its provisions.  Nothing in this section shall prohibit employers or labor organizations from establishing internal rules and guidelines for employees who may wish to breastfeed or express breast milk in the workplace.  

SECTION 4.  The Massachusetts Commission Against Discrimination shall annually compile, analyze and publish data concerning incidences of discrimination involving breastfeeding or expressing breast milk in the workplace.  The commission shall submit a written report on its findings annually to the clerk of the house of representatives and the clerk of the senate.

SECTION 5.  (a) The executive office of health and human services shall maintain and make available for public inspection a list of businesses in the commonwealth and covered by this act that it designates as “Mother-Friendly.”  Such businesses may submit their breastfeeding policies to the executive office of health and human services.  

(b) The executive office may designate a business as “Mother-Friendly”, and a business may use the designation " Mother-Friendly " in its promotional materials, if the business develops and implements a written policy supporting the practice of worksite breastfeeding which includes the following elements:

(1) work schedule flexibility, including scheduling breaks and work patterns to provide time for expression of milk;

            (2) the provision of accessible locations allowing privacy other than a bathroom stall;

            (3) access to an electrical outlet; and

            (4) access near to a clean, safe water source and a sink for washing hands and any needed breast-pumping equipment; and

            (5) access to hygienic storage in the workplace for the mother's breast milk.

            SECTION 6.  Any state office, department, division or agency that administers a program providing maternal or child health services shall provide information that encourages breastfeeding to program participants who are pregnant women or mothers with infants.