Breastfeeding

What is breastfeeding discrimination?

Breastfeeding discrimination happens when someone is treated unfairly because they are breastfeeding.

Breastfeeding discrimination is unlawful whether or not:

the person who discriminated against you didn’t mean to discriminate or didn’t think they were discriminating against you.

The motive for the discrimination doesn’t matter – what matters is the effect of the behaviour.

Discrimination against someone who is breastfeeding can be direct or indirect.

Direct discrimination happens when a person is treated worse than others because they are breastfeeding.

For example, a café asks a woman to leave after she begins breastfeeding but would not ask a non-breastfeeding customer to leave.

Indirect discrimination happens when a rule or requirement applies to everyone but disadvantages people who are breastfeeding, and the rule is not reasonable.

For example, an employer bans all breaks during work shifts. This rule seems neutral but puts someone who needs to express milk at a disadvantage compared with someone who doesn’t.

It is also unlawful to discriminate against someone because of their connection with a person who is breastfeeding. This includes discrimination based on their relationship or association with someone who is breastfeeding, such as a:

friend
family member
co-worker.

When and where breastfeeding discrimination is unlawful

Under the Anti-Discrimination Act, it is unlawful to discriminate because of breastfeeding in these areas (unless an exemption applies):

At work: including in relation to recruitment, job offers, training, promotion, conditions, and dismissal.

In education: schools, universities, TAFE and other training providers cannot refuse enrolment or treat students differently because they breastfeed.

In accommodation: including when renting, applying for housing, or using short-term accommodation.

In goods and services: shops, cafés, banks, loans, government or other services must treat people fairly regardless of whether or not they breastfeed.

In club membership and affairs: membership, benefits, and participation must not exclude persons because they need to breastfeed.

In state government administration: government agencies must not discriminate when providing services or public programs.

Breastfeeding in public is legal in Queensland, including in cafés, shopping centres, hotels and on public transport.

Examples of breastfeeding discrimination

A mother is told by a day-care centre that she cannot breastfeed her child on the premises and is instead directed to feed in her car.

A patient who is breastfeeding at the hospital is relocated to a new ward and told the baby cannot stay with them; no breast-pump or help is provided.

An employer refuses to provide any private space for expressing milk even though a small unused room is available.

When discrimination may be lawful (exemptions)

There are some circumstances when discrimination on the basis of breastfeeding is allowed. These are called ‘exemptions’.

Examples include:

Workplace health and safety

A person may do something that is reasonably necessary to protect the health and safety of people at a place of work.

For example, an employer may be able to refuse to allow a worker to breastfeed or express milk while at the workplace if there is a genuine health and safety risk. For example, if the workplace is a heavy-industry construction site or environment clearly unsuitable for infants.

What you can do

If you believe you’ve been discriminated against because of breastfeeding, you can make a complaint to the Queensland Human Rights Commission.

Search case examples