HOUSE BILL NO. 5292

A bill to require employers to provide breaks for employees to breastfeed a nursing child or express breast milk for a nursing child; to provide for the conditions under which the breaks must be taken; to provide for the powers and duties of certain state governmental officers and entities; and to provide sanctions and remedies.

the people of the state of michigan enact:

Sec. 1. This act may be cited as the "breastfeeding privacy act".

Sec. 3. As used in this act:

(a) "Commission" means the civil rights commission established by section 29 of article V of the state constitution of 1963.

(b) "Employee" means an individual employed by an employer.

(c) "Employer" means a person that employs 1 or more employees.

(d) "Nursing child" means an individual who is 1 year of age or younger.

(e) "Person" means an individual or a partnership, corporation, limited liability company, association, governmental entity, or other legal entity.

Sec. 5. (1) An employer shall do all of the following:

(a) Subject to subsection (2), provide an employee with breaks as necessary for the employee to breastfeed the employee's nursing child or express breast milk for the employee's nursing child.

(b) Provide for its employees a place to express breast milk that meets all of the following requirements:

(i) Is shielded from view.

(ii) Has seating and counter space suitable for breastfeeding and expressing breast milk.

(iii) Is not a restroom.

(c) Provide for its employees a refrigerator or other cold storage device that is suitable for storing breast milk.

(d) Provide an employee with access to a functioning sink suitable for cleaning a breast pump.

(2) An employer shall pay an employee who takes a break under subsection (1)(a) at the employee's regular rate of pay during the break. A break taken under subsection (1)(a) must not be used to fulfill the requirements of any other break or rest period required by law or contract.

Sec. 7. A person shall not do any of the following:

(a) Retaliate or discriminate against a person because the person does any of the following:

(i) Opposes a violation of this act.

(ii) Brings an action or files a complaint under this act.

(iii) Testifies, assists, or participates in an investigation, proceeding, or hearing under this act.

(b) Aid, abet, incite, compel, or coerce a person to engage in a violation of this act.

(c) Attempt directly or indirectly to violate this act.

(d) Willfully interfere with the performance of a duty or the exercise of a power by the commission or 1 of its authorized representatives under this act, a rule promulgated under this act, or an order issued under this act.

(e) Willfully obstruct or prevent a person from complying with this act or an order issued or rule promulgated under this act.

(f) Coerce, intimidate, threaten, or interfere with a person who exercises a right guaranteed under this act.

Sec. 9. (1) A person that violates this act may be ordered to pay a civil fine as follows:

(a) For a first violation, a civil fine of not more than $1,500.00.

(b) For each subsequent violation, a civil fine of not more than $2,500.00.

(2) A violation of this act may be prosecuted by the prosecutor of the county in which the violation occurred or by the attorney general.

Sec. 11. (1) An individual aggrieved by a violation of this act may, not later than 3 years after the alleged violation, do either of the following:

(a) File a complaint with the commission.

(b) Bring a civil action for appropriate injunctive relief or damages, or both, in the circuit court for the county where the alleged violation occurred or where the person against whom the civil complaint is filed resides or has its principal place of business. Filing a complaint with the commission under subdivision (a) is not a prerequisite or a bar to bringing an action under this subdivision.

(2) A court may award the following to a plaintiff who prevails in an action brought under subsection (1)(b):

(a) Damages for mental distress.

(b) Damages for emotional distress.

(c) Injunctive relief.

(d) Lost wages.

(e) Costs, including reasonable attorney fees.

Sec. 13. The commission shall do all of the following:

(a) Receive, initiate, investigate, conciliate, adjust, dispose of, issue charges, and hold hearings on complaints alleging a violation of this act.

(b) Approve or disapprove plans to correct past violations of this act.

(c) Require answers to interrogatories; order the submission of books, papers, records, or other materials pertinent to a complaint; require the attendance of witnesses; administer oaths; take testimony; and compel, through court authorization, compliance with an order of the commission.

(d) Promulgate rules to implement this act pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

Sec. 15. If this act conflicts with an employment agreement or collective bargaining agreement that is in effect on the effective date of this act, this act applies to the parties to the agreement beginning on the date the agreement is amended, extended, or renewed.