Washington law exempts the act of breastfeeding or expressing breast milk from the indecent exposure laws. The law further encourages employers to accommodate breastfeeding mothers, and sets up an incentive program for employers by allowing them to advertise that they are ‘infant friendly’ if they set up lactation support for their employees.
(1) A person is guilty of indecent exposure if he or she intentionally makes any open and obscene exposure of his or her person or the person of another knowing that such conduct is likely to cause reasonable affront or alarm. The act of breastfeeding or expressing breast milk is not indecent exposure.
Workplace breastfeeding policies — Infant-friendly designation.
(1) An employer may use the designation “infant-friendly” on its promotional materials if the employer has an approved workplace breastfeeding policy addressing at least the following:
(a) Flexible work scheduling, including scheduling breaks and permitting work patterns that provide time for expression of breast milk;
(b) A convenient, sanitary, safe, and private location, other than a restroom, allowing privacy for breastfeeding or expressing breast milk;
(c) A convenient clean and safe water source with facilities for washing hands and rinsing breast-pumping equipment located in the private location specified in (b) of this subsection; and
(d) A convenient hygienic refrigerator in the workplace for the mother’s breast milk.
(2) Employers seeking approval of a workplace breastfeeding policy must submit the policy to the department of health. The department of health shall review and approve those policies that meet the requirements of this section. The department may directly develop and implement the criteria for “infant-friendly” employers, or contract with a vendor for this purpose…
(3) For the purposes of this section, “employer” includes those employers defined in RCW 49.12.005 and also includes the state, state institutions, state agencies, political subdivisions of the state, and municipal corporations or quasi-municipal corporations.