POLICY DATABASE
Policy 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.

Background Information

State Pennsylvania
Jurisdiction Name Philadelphia
Jurisdiction Type City,
Population Size 800,000+
Legal Strategies
  • Requires something, sets standards
  • Prohibits/discourages something
Reach Community-wide
Food System Category Get;

Policy Details

Refers to priority populations?
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.

Health-related goal?
Yes

Support for breastfeeding supports public health goals.

Environmental goal?
No

Economic goal?
Yes

Law refers to supporting "gainful employment" for citizens. (§ 9-1101.)

Includes findings?
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."

Has a stated intent or purpose?
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)).

Includes definitions?
Yes

§ 9-1102

Addresses implementation?
No

Enforcement provisions?
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).

Evaluation component?
No

Requires extra 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).