POLICY DATABASE
Philadelphia, Pa., Code §§ 9-1103 (1)(m) (current through Feb. 13, 2018)
Brief Summary
Establishes that failing to reasonably accommodate an employee's need to express breastmilk (no limit based on child's age) is an unlawful employment practice. Also sets forth requirements for breaks and conditions of the space necessary to accommodate breast milk expression.
Legal Strategies
Requires something, sets standards.
Prohibits/discourages something.
Reach
Community-wide
Food System Category: Get
State: Pennsylvania
Jurisdiction Type: City
Jurisdiction Name: Philadelphia
Does the law refer to priority populations in some way?
Yes. Law addresses discriminatinon based on race, ethnicity, color, sex (including pregnancy, childbirth, or a related medical condition), sexual orientation, gender identity, religion, national origin, ancestry, age, disability, marital status, familial status, genetic information, or domestic or sexual violence victim status. § 9-1103.
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. Support for breastfeeding supports public health goals.
Does the law refer to or suggest a goal of fostering improved environmental conditions?
No.
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Yes. Law refers to supporting "gainful employment" for citizens. (§ 9-1101.).
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
Yes. There are various findings at Sec. 9-1101 (1) including that "[t]he population of the City consists of people of every race, ethnicity, color, religion, national origin, sex, sexual orientation, gender identity, ancestry, age, disability, marital status, and familial status. Many of these people are discriminated against in employment opportunities, public accommodations and obtaining adequate housing facilities. There are also members of the City population who are discriminated against based on their sources of income, as a result of their genetic information, because they are victims of domestic or sexual violence, or need reasonable accommodations in the workplace related to pregnancy, childbirth, or a related medical condition;" and "[d]iscrimination in employment has and will prevent the gainful employment of large segments of the citizens of the City and tends to create breaches of the peace and impose added burdens upon the public for relief and welfare.".
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
Unclear. Although not labeled "intent" or "purpose," the chapter includes this statement "In order to assure that all persons regardless of race, ethnicity, color, sex (including pregnancy, childbirth, or a related medical condition), sexual orientation, gender identity, religion, national origin, ancestry, age, disability, marital status, source of income, familial status, genetic information and domestic or sexual violence victim status enjoy the full benefits of citizenship and are afforded equal opportunities for employment, housing and use of public accommodation facilities, it is necessary that appropriate legislation be enacted." (Sec. 9-1101(1)(e)).
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. § 9-1102.
Does the law address implementation in some way?
No.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. Consequences and penalties include: issuing a cease-and-desist order; ordering injunctive or other equitable relief, including: (hiring, reinstating or upgrading, with or without back pay, admitting or restoring membership in a labor organization, admission to a guidance, apprentice-training or retraining program); payment of compensatory damages; payment of punitive damages, not to exceed $2,000 per violation; payment of reasonable attorneys' fees; payment of hearing costs as reimbursement for expenses incurred by the Commission. § 9-1105. See also § 9-1121 (regarding penalties).
Does the law include an evaluation component, beyond reporting on activity?
No.
Does the law require an extra or atypical financial or resource investment?
No.
Code context and ordinance history
This provision is located in: Title 9 (Regulation of Businesses, Trades and Professions), Chapter 9-1100 (Fair Practices Ordinance: Protections Against Unlawful Discrimination); Section 9-1103 (Unlawful Employment Practices). Ordinances:  Added, Bill No. 130922 (approved September 3, 2014).