Breastfeeding Rooms in Courthouses
As the world moves forward in accepting that breastfeeding is not as taboo of a topic that it once was, there is still a sector in our world that seems to be behind the times. The legal field is not only a very old and traditional work field, but it remains very male dominated. According to the American Bar Association, in 2019 only 38 percent of practicing American attorneys identified as female, and that’s an increase over past years. More women practicing in the legal field means there will also be more mothers in the legal field. And with America’s very weak maternity leave options for working mothers, for many young mothers this means they may have to go back to work while they are still breastfeeding. As a result, it’s well known that many must pump while at work and in many cases, resort to using bathrooms, or closets for privacy.
Today many larger to medium law firms have an adequate area for their breastfeeding employees to pump. Most of them are closed off, private rooms, with do-not-disturb signs on the doors. But in smaller firms or even firms that just do not take the idea of a breastfeeding mom seriously, these women are having to find alternatives to breastfeeding in private.
While the firm policy is important, what about days in which women are in court instead of the office? What do those mothers do when they need to breastfeed? Many courthouses do not designate rooms for mothers to privately breastfeed, leaving young mothers to pump in the public bathroom or not at all, assuming she can get adequate breaks during her trial. Because this topic is still taboo in some areas of the country or with individual judges, women may feel ashamed or embarrassed to ask for proper breaks to have enough time to properly pump.
However, in some cities there are courthouses which have recognized this need for mothers and made rooms available for them to properly pump and store their milk. Unfortunately, this is still in the minority of courthouses. If you were to map out the cities where courthouses are making allowances for breastfeeding, you will notice that most are in more urban settings which can lead to the assumption of a higher percentage of female attorneys.
Currently, some states across the nation have already passed laws that require breastfeeding rooms in courthouses.[1]Enforcement, on the other hand, is another issue. In Illinois, a law was recently passed that all courthouses are required to provide a lactation room on their premises.[2] Unfortunately, there are still many courthouses within the state that have yet to adhere to the law. It is an important initiative to make breastfeeding rooms mandatory in courthouses, but it is even more valuable to enforce it. While we hope that all attorneys, parents or not, would advocate for breast-feeding mothers to have a space to pump it is also important for those young mother attorneys to advocate for themselves at their courthouses to get access to a breastfeeding rooms, or demand that rooms be made available for them. Bringing the requirement to the attention of the judges could help make a real change within their courthouse.
In 2019 there was an act being pursued in Congress to make it a requirement for all federal buildings that are open to the public to provide access to a breastfeeding room for mothers, the Fairness for Breastfeeding Mothers Act, a bipartisan bill supported by many female representatives on both sides of the aisle.[3] The law went into effect over a year ago. The law requires that at the very least federal courthouses provide a lactation room for all women who are breastfeeding, not just attorneys. This is a step in the right direction toward recognizing the needs of young mothers.
So, where do we go from here. As women in law, I believe we first need to make sure that everyone is supporting the cause. From other women in law who are mothers, or women who are not mothers, to our male peers. There needs to be a broad sweeping rule for all courthouses, no matter the location, to require all courthouses to provide a space for breastfeeding mothers. The world is moving away from the idea that breastfeeding is a taboo subject and it is being more acceptable to breastfeed in public or in designated rooms. As women we should stand up and ask for these changes to be made and carried out within our own courthouses. We need to realize our role as advocates and accept that asking for things we need to excel in our careers is not a point of shame, it is empowering.
As a young woman, who is currently in law school planning out her life, I hope by the time I do decide to have children that all courthouses across the nation and even internationally will have breastfeeding rooms available. I also hope that every law firm will have adequate accommodations for their female attorneys or be in the process of making accommodations. It is our job as women in law to push the boundaries of a traditionally male dominated field and refuse to allow our role as mothers keep us from also excelling as advocates.
[1] https://www.law.com/dailybusinessreview/almID/1202764167286/New-Addition-to-MiamiDade-Courthouse-A-Lactation-Lounge/
[2] https://www.law.com/dailybusinessreview/2019/03/12/women-push-for-lactation-rooms-in-courthouses-392-50182/
[3] https://www.congress.gov/bill/116th-congress/house-bill/866
Brooke Hopkins is a Kentucky native entering her 2L year of law school at the University of Louisville Brandeis School of Law. Her interests in law include property, family, and entrepreneurship. She hopes to work as an attorney in Louisville, Kentucky after graduation. In her spare time, she reads, hikes, and is always trying new recipes.