Breastfeeding, not really breasts, got the two thumbs up this past week. Governor Brown signed an employment-related bill — AB 2386 — making “breastfeeding or medical conditions related to breastfeeding” part of the Fair Employment and Housing Act definition of “sex.” In other words, an employer cannot discriminate against an employee because she is breastfeeding.
I don’t think the law was needed. A few years ago, the Fair Employment and Housing Commission ruled in DFEH v. Acosta Tacos that an employer violated the law by discriminating against his employee for breastfeeding while on lunch or break. Whether or not needed, the law is now codified and becomes effective in 2013.