You’re a new mom. You’re out at a restaurant, a park, or a store. Your baby is hungry. You start breastfeeding — and someone tells you to stop or move. What do you do?
Here’s the good news: Washington state has your back. The law is clear, strong, and on your side.
What Is Breastfeeding Protection?
Breastfeeding protection means the law gives you specific rights as a nursing parent. It tells other people — businesses, employers, and strangers — what they can and cannot do when you breastfeed.
Washington has some of the strongest breastfeeding laws in the country. These rules cover two main areas: breastfeeding in public and breastfeeding at work. Pretty straightforward.
Breastfeeding in Public Places
You Have the Right to Nurse Anywhere
Washington law says you can breastfeed in any public place. That’s not a maybe. That’s the law.
This right is part of the Washington Law Against Discrimination (WLAD), under RCW 49.60.030. It was added in 2009. Breastfeeding status is treated as a protected class — just like race or gender.
So what counts as a “public place”? Basically, any place where the public is welcome. That includes restaurants, coffee shops, stores, libraries, parks, buses, gyms, museums, movie theaters, and government buildings. If you can walk in, you can nurse there.
No One Can Tell You to Stop or Move
Okay, this one’s important. Pause and read this carefully.
It is unlawful for anyone to ask you to stop breastfeeding, cover your baby, move to a different area, or leave. Business employees count too. If a worker at a store tells you to leave, that store may be breaking the law.
You don’t need a cover. You don’t need to move to a bathroom. You don’t have to hide. The law is clear.
What About Other Customers Complaining?
A lot of people think that if another customer complains, a business has to ask you to move. That’s not true.
Other customers complaining is not a valid reason for a business to ask you to stop breastfeeding. If someone is offended, that’s their problem. The Washington State Human Rights Commission actually says the only suggestion you can make to an offended person is to look away.
Makes sense, right?
Breastfeeding Is Not Indecent Exposure
Washington law specifically says breastfeeding and pumping are NOT indecent exposure. You cannot be charged with any indecent exposure law for nursing your baby in public. That protection exists in state law and gives you added peace of mind.
Breastfeeding at Work
Your Right to Pump at Work
Wondering if your employer has to let you pump at work? Yes. They do.
Two layers of law protect you here. Federal law and Washington state law both require employers to give you break time and a private space to pump. Let’s break that down.
Federal law — called the PUMP Act — says employers must give you reasonable break time to express milk for up to one year after your baby is born. The space they provide cannot be a bathroom. It must be private and free from interruptions.
Washington State Goes Further
Here’s where things get interesting. Washington state law gives you more protection than federal law.
State law currently requires employers with 15 or more employees to provide a private lactation space. That protection lasts for two years after your baby is born — twice as long as the federal rule. So if you’re still nursing at 18 months, your employer still has to support you.
The space must be private and cannot be a bathroom. That’s the same as federal law, but the longer time frame is a big deal for many parents.
Big Change Coming in 2027
Hold on, this part is important.
In May 2025, Governor Bob Ferguson signed a new law called E2SSB 5217. It takes effect January 1, 2027. Here’s what changes:
The requirement to provide lactation space will apply to employers with just one or more employees. Right now, only employers with 15 or more employees must comply. Starting in 2027, even tiny businesses must provide a space.
Also, your break time to pump will be paid. Currently, federal law does not require employers to pay you during pumping breaks. The new Washington law will require employers to pay you your regular rate of pay during pumping breaks and for travel time to reach the lactation space.
This is a major win for nursing parents in Washington.
What Your Employer Must Provide Right Now
So what exactly does your employer have to give you today? Here is what the law requires:
A clean and private room that is not a bathroom. Enough break time to pump when you need it. A flexible schedule that works around your pumping needs. Your employer also cannot force you to take unpaid leave or switch to part-time just because you are nursing.
If your employer has a lactation room available, that’s great. But even if they offer it, you can still choose not to use it. That’s your choice.
What If Your Employer Refuses?
Most people assume their employer will cooperate. Many do. But some don’t.
If your employer refuses to give you break time or a private space, you have options. For federal violations, you can contact the U.S. Department of Labor. For state violations, you can file a complaint with the Washington State Human Rights Commission. You can also hire an employment lawyer and sue your employer in court.
Don’t worry, you’re not alone in navigating this. Many parents have gone through this process and won.
Insurance Coverage for Breastfeeding
Here’s a bonus most people don’t know about. Your health insurance may cover breastfeeding support at no cost to you.
Under the Affordable Care Act, most health insurance plans must cover breastfeeding pumps, lactation counseling, and breastfeeding supplies. These services may be available before and after your baby is born.
To find out what your plan covers, call the number on the back of your insurance card. Ask specifically what breastfeeding benefits are included and whether you need a prescription for a pump.
If your insurance denies coverage for lactation services or a breast pump, you can file a complaint with Washington’s Office of the Insurance Commissioner at insurance.wa.gov.
What Happens If Someone Violates Your Rights?
Let’s talk about the penalties.
If someone discriminates against you for breastfeeding in public, you have real legal options. You can file a complaint with the Washington State Human Rights Commission (WSHRC) within six months of the incident. They investigate the complaint and work to resolve it.
You can also file a private lawsuit in court. Under the Washington Law Against Discrimination, you can sue for actual damages, court costs, and attorney’s fees. Think of it like a discrimination lawsuit — because that’s exactly what it is.
If the discrimination happened in Seattle specifically, you can also file a complaint with the Seattle Office for Civil Rights. Seattle has its own local ordinance that adds another layer of protection.
Special Circumstances
Childcare Centers
Washington also protects your child’s feeding when they are in childcare. Early learning centers in the state are required by law to have policies on storing and serving breast milk. They must follow a feeding plan that supports your needs and your infant’s needs. They are required to serve your expressed milk for as long as you provide it.
That means your daycare cannot refuse to feed your baby your breast milk.
State Government Employees
If you work for the Washington Department of Health, there is an extra perk. The DOH has an “Infant at Work” program. It allows employees to bring babies between six weeks and six months old to work with them. This can make nursing much easier for new parents who work for the state.
Small Employers Right Now
Currently, if your employer has fewer than 15 employees, state law does not require them to provide a lactation space. Federal law still applies, but small employers with fewer than 50 workers can claim an exemption if they show that providing pumping breaks causes serious hardship.
Remember, this changes in 2027 when even one-employee businesses will have to comply.
How to Protect Your Rights
Here’s what you need to do if your rights are violated.
Stay calm and politely explain the law. Seriously, sometimes people just don’t know. You can say something like: “Washington state law protects my right to breastfeed here. I’m not required to leave or cover up.”
The Washington State Human Rights Commission has wallet cards you can carry. They explain your rights in simple terms. You can show one to anyone who challenges you.
If the problem continues, take note of the time, place, and what was said. That documentation helps if you decide to file a complaint.
To file a complaint about public breastfeeding discrimination, contact the WSHRC by phone at 1-800-233-3247. Interpreters are available. You have six months from the incident to file.
For workplace issues, you can contact the U.S. Department of Labor, the Center for WorkLife Law at (415) 703-8276, or A Better Balance at 1-833-NEED-ABB.
Frequently Asked Questions
Can a business ask me to breastfeed in a back room or bathroom?
No. A business cannot ask you to move to a different area. You have the right to nurse wherever you are.
Do I have to use a cover while breastfeeding in public in Washington?
No. Washington law does not require you to cover up. That is entirely your personal choice.
How long does my employer have to support my pumping needs?
Currently, state law protects you for two years after your baby is born. Federal law covers one year. Starting January 1, 2027, paid breaks will also be required by state law.
What if my employer has fewer than 15 employees?
Right now, state lactation space requirements only apply to employers with 15 or more workers. But federal rules may still apply. Starting in 2027, all employers — even one-person businesses — must comply.
Can I be charged with indecent exposure for breastfeeding in public?
No. Washington law specifically excludes breastfeeding from indecent exposure laws. You are completely protected.
What if someone files a complaint about me for breastfeeding in public?
The law protects you, not them. A complaint from another customer is not a valid reason for a business to ask you to stop or leave.
Final Thoughts
Washington is one of the most breastfeeding-friendly states in the country. You have the right to nurse in public. You have the right to pump at work. And thanks to a new law signed in 2025, those workplace rights are only getting stronger in 2027.
Honestly, the key is knowing your rights before you need them. Now you do. If anyone ever challenges you, you can speak up with confidence.
Stay informed, trust your instincts, and never be afraid to stand up for yourself and your baby.
References
- RCW 49.60.030 — Washington Law Against Discrimination
- E2SSB 5217 — Washington’s 2025 Lactation Law (effective January 2027)
- Washington State Department of Health — Lactation Resources
- Washington State Human Rights Commission — Breastfeeding Guidance
- Legal Voice — Breastfeeding and Bodyfeeding in Washington State
- U.S. Department of Labor — PUMP Act
- Washington State Lactation Collaborative — Know Your Rights
