Hawaii

Hawaii has legislations regarding nursing in public, and regarding the right of women to continue breastfeeding when they return to work. It specifically states that it is discrimination to treat a breastfeeding mother differently from any other employee, including the refusal to hire or employ, or to bar or discharge from employment, or withhold pay, demote or penalize a lactating employee because an employee breastfeeds or expresses milk at the workplace. Furthermore, it requires employers to allow women to breastfeed or express milk during their regular or authorized breaks at work.

HRS §489-21, HRS §489-22

§489-21 Discriminatory practices; breast feeding.
It is a discriminatory practice to deny, or attempt to deny, the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodations to a woman because she is breast feeding a child.

§489- 22 Private cause of action.
Any person who is injured by an unlawful discriminatory practice under this part may bring proceedings to enjoin the unlawful discriminatory practice, and if the decree is for the plaintiff, the plaintiff shall be awarded reasonable attorneys’ fees, the cost of suit, and $100. Any action under this part shall be subject to the jurisdiction of the district courts as provided in chapter 604, and may be commenced and conducted in the small claims division of the district court.

HRS § 378-2, HRS §378-10

§378 – 10.2 Breastfeeding.
No employer shall prohibit an employee from expressing breastmilk during any meal period or other break period required by law to be provided by the employer or required by collective bargaining agreement.

§378-2 Discriminatory practices made unlawful; offenses defined.
It shall be an unlawful discriminatory practice: …
   (7) For any employer or labor organization to refuse to hire or employ, or to bar or discharge from employment, or withhold pay, demote or penalize a lactating employee because an employee breastfeeds or expresses milk at the workplace. For purposes of this paragraph, the term “breastfeeds” means the feeding of a child directly from the breast.

HRS § 571-Parenting Plans (Act 244, SB 556)

(a) For every action that includes a contested custody of children, both parties, or both parents shall develop either a mutually agreed-upon general parenting plan or separate individually desired parenting plan, and filed the plan at the outset of the action.

 (c) A parenting plan may include, but is not limited to, provisions relating to:

(4) Breastfeeding, if applicable.


Inside Hawaii