Kentucky



Public Breastfeeding Law

211.755 Breast-feeding permitted — Municipal ordinances not to prohibit or restrict — Interference prohibited.
(1) Notwithstanding any other provision of the law, a mother may breast-feed her baby or express breast milk in any location, public or private, where the mother is otherwise authorized to be. Breast-feeding a child or expressing breast milk as part of breast-feeding shall not be considered an act of public indecency and shall not be considered indecent exposure, sexual conduct, lewd touching, or obscenity.
(2) A municipality may not enact an ordinance that prohibits or restricts a mother breast-feeding a child or expressing breast milk in a public or private location where the mother and child are otherwise authorized to be. In a municipal ordinance, indecent exposure, sexual conduct, lewd touching, obscenity, and similar terms do not include the act of a mother breast-feeding a child in a public or private location where the mother and child are otherwise authorized to be.
(3) No person shall interfere with a mother breast-feeding her child in any location, public or private, where the mother is otherwise authorized to be.
Effective: July 12, 2006
History: Created 2006 Ky. Acts ch. 80, sec. 1, effective July 12, 2006.

Enforcement Provision

None

Workplace Pumping Law

None

Enforcement Provision

None



33 Responses to “Kentucky”

  1. Hannah says:

    Today i was in a government building to add my newborn to my medical insurance. My son was hungry and crying so while i waited in the waiting room, i decided to feed him. I used a blanket and was completely covered the entire time. An employee brought me a form to complete and noticed i was breastfeeding. She asked me to come out in the hall to feed my baby. I was so shocked! I said, “what?” She responded, “I’m serious. I’m going to have to ask you to leave the room. It is our policy that you cannot breastfeed without a cover.” I just looked at her and said, “i do have a cover” and gestured toward the blanket. I stared at her for a minute or two and she left. Several people asked what she had said and they were offended by her comments saying i was not bothering them and that it’s natural. I was very offended and left a message on a complaint card. This is a government employee in a government building! She really expected me to leave a seat in the corner of a waiting room to nurse in a hallway?! My baby is 7 weeks old. This incident occurred on March 6, 2013

    • lynn says:

      In Hannah’s case…. why could your employer not add the child onto the insurance without you actually going to the building? Unless of course it was because you are on government assisted (welfare) insurance?!

  2. admin says:

    Sadly, Kentucky’s law has no enforcement provision. However, I would bring a copy of the law back and ask to speak to her supervisor.

  3. Shane Elms says:

    I am currently working on a essay that poses the issue: “How should breast feeding be handled in public?” In order for a good proposal statement, I needed to know what the laws were in my local state of Kentucky hence why I am here. I was reading the one comment left from Hannah on March 6, 2013. I am so sorry that she had to be embarrassed of such a discrete and natural act. I will work in the embarrassment factor into my proposal. Thanks Hannah for sharing your story.

  4. Lex says:

    I’m pretty sure there is a law regarding workplace pumping in ky.

  5. Paris Parada says:

    Contact the EEOC and see if you can make a complaint of discrimination on the basis of your gender. You have 1 year from the incident to make a complaint. I hope it works and sets a precedence for mothers everywhere

    • admin says:

      The failure to provide breaks or pump space is not “discrimination” as defined by the law over which the EEOC has jurisdiction.

      • Paris Parada says:

        Admin while you are correct about that, what I am advising is making a complaint based on gender, which is something that the KCHR and the EEOC would cover under the Kentucky civil rights act. By being treated differently because of gender on the basis of pregnancy and much more is within their jurisdiction and it’s free, Thank you.

        • admin says:

          @Paris, I understand what you are saying. But in what way is she being treated differently based on gender? While the EEOC has successfully argued before the 5th Circuit that breastfeeding discrimination such as firing or harassment violates the Pregnancy Discrimination Act, this 1) is not yet the law of the land (though I hope it will be soon) and 2) has nothing to do with the provision of pump breaks or space. So it is still not a state or federal civil rights case.

          • Paris Parada says:

            let her file, let the eeoc do the leg work and see. All kinds of things are brought before the EEOC and KCHR and set a precedence.

      • Paris Parada says:

        Everyone please also remember the human relations commission in Louisville ky is also an option if the event took place in Louisville, there is also the ACLU but this non profit organization has limited resources at times. A private attorney is also an option, but usually not something many of us can afford. The BBB is another way Hannah could also approach the company to correct the matter.

    • admin says:

      @Paris, the EEOC has jurisdiction only over employment. Hannah was not an employee. She would not even be allowed to file.

      I do this for a living. Honestly, the EEOC would not even take her papers.

      • Paris Parada says:

        so do I and they have jurisdiction over more than employment matters, when things are out of the KCHR’s jurisdiction due to the statue of limitations, in public accommodation issues like that in which she mentioned, which is a violation against the civil rights act, due to her gender, the EEOC should be notified to try and help with the matter. As they are the federal level of the KCHR and thus have the same enforcement powers, if not more, as can be seen with recent gender identity and sexual orientation discrimination.

    • admin says:

      Look at the link. No law listed there applies to pumping at work. This workplace pumping law for Kentucky seems to be an urban myth. I have done actual research (NCSL serves a different purpose) and there is no workplace pumping law for Kentucky that I can locate.

      • Paris Parada says:

        doesn’t need to be, if an employee feels discriminated against due to their gender, could meet prima facie for a complaint of discrimination, which could eventually lead to a legislation changes with enough awareness.

  6. Paris Parada says:

    In Hannah’s situation being mistreated in public accommodation would be in the jurisdiction of the aforementioned agencies.

    • admin says:

      I think I put my reply in the wrong spot. Since Hannah was not an employee, the EEOC and its state sister agency would not have jurisdiction. Done. She would not be allowed to file.

      • Paris Parada says:

        the EEOC’s sister agency the KCHR would have jurisdiction if the event had not taking place so long ago. Review KCHR.KY.GOV.

  7. admin says:

    Please everyone remember that EEOC stands for Equal EMPLOYMENT Opportunity Commission. It has no jurisdiction over cases of alleged discrimination in public accommodations.

  8. Paris Parada says:

    Everyone please also remember the human relations commission in Louisville ky is also an option if the event took place in Louisville, there is also the ACLU but this non profit organization has limited resources at times. A private attorney is also an option, but usually not something many of us can afford. The BBB is another way Hannah could also approach the company to correct the matter.

  9. Amanda says:

    I am a first time breast feeder, and I don’t completely understand what the law above states. Can I be asked to leave a place for nursing or no?

    • admin says:

      Please read the articles on the website to understand the rights of the owner of a public accommodation to withdraw someone’s “invitation,” thus making her a trespasser.

  10. Heather says:

    That is true the EEOC would most likely not care about the case with Hannah but i am sure there are things that she can do like her and other breastdeeding mothers banning together to complain and get changes made and more respect for breastfeeding, that is what helps things change.We have to try!

  11. What does it mean there is no Breastfeeding laws toward working moms?? I’m confused how am I supposed to pump at work?

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