VT: Breast-feeding discrimination

progressive

(Mon, 12 May 2008 17:07:54 -0500 (CDT)) --- Investigator finds evidence of breast-feeding discrimination

www.burlingtonfreepress.com

By Sky Barsch
Correspondent

March 27, 2008
A Vermont Human Rights Commission investigator has found reasonable grounds
that Freedom Airlines discriminated against Emily Gillette, the mother who
was removed from a Delta/Freedom airlines flight departing Burlington
International Airport after she refused a flight attendant's order to cover
up while breast-feeding.

The investigator's findings will be used by the Human Rights Commission,
which meets today to hear the case, said Beth Boepple, a Manchester-based
attorney who represents Gillette. The hearing is closed to the public.

Neither Delta nor Freedom returned calls seeking comment.

Breast-feeding is protected under Vermont's Public Accommodations Act.
Mothers can breast-feed anywhere in public and are not required to "cover
up."

Gillette, 28, is in Vermont for the first time since the incident occurred
more than 17 months ago to appear before the Human Rights Commission. She
said it was not mandatory for her to appear, but she wanted to be there.

"I feel really grateful, still, for the way the state's set up. And I feel
like it's really important for us to show up as a sign of gratitude for
everything the state has done to uphold its laws, and to show up for the
commission, who have put so much time and effort into investigating this
case," Gillette said.

"I have so much trust and confidence in the state's ability do the right
thing and follow through with their processes."

If the commission agrees that discrimination has occurred on Freedom's part,
the parties have six months to negotiate a settlement. A separate complaint
against Delta in the matter is pending. The commission is expected to make a
decision today after the hearing.

On Oct. 13, 2006, Gillette; her husband, Brad; and their then 22-month-old
daughter, River, were on their way from Vermont to visit family in New York.
The family lives in New Mexico and was visiting family in Vermont, where Brad
grew up.

The family was seated on Delta Flight 6160, a code-shared flight with Freedom
Airlines, awaiting takeoff. The flight was delayed for three hours, and about
10 p.m. it appeared that it was nearing takeoff.

Gillette said she was seated in the second-to-last row, next to the window,
when she began to breast-feed her daughter. Breast-feeding helps babies with
the altitude changes through takeoff and landings, Gillette said. She said
she was being discreet -- her husband was seated between her and the aisle --
and no part of her breast was showing.

Gillette said a flight attendant approached her, trying to hand her a blanket
and directing her to cover up. Gillette said she told the attendant she was
exercising her legal right to breast-feed, declining the blanket. Gillette
alleges the attendant told her, "You are offending me," and told her to cover
her daughter's head with the blanket.

"I declined," Gillette said in her complaint. Moments later, a Delta ticket
agent approached the Gillettes and said the flight attendant was having the
family removed from the flight. Gillette exited the plane, crying.

Gillette, through Boepple, soon filed a complaint with the Human Rights
Commission. News of the incident spread quickly, serving as a springboard for
a discussion about breast-feeding. Several Vermont women staged a "nurse-in"
near the Delta check-in area at Burlington International Airport, and a week
later, breast-feeding supporters and advocates staged a national nurse-in at
Delta counters across the country.

The investigation report found that there are "reasonable grounds" to believe
Freedom Airlines -- which operates connector flights for Delta --
discriminated against Gillette, Boepple said. The investigator did not find
grounds to hold Delta accountable, however, because Delta successfully argued
that Freedom was operating as an independent contractor. Boepple has filed a
response asking for that to be amended, because she argues that Freedom was
acting as an agent for Delta.

While Gillette is in Vermont, she is speaking at Vermont Law School, meeting
with the Chittenden County Breastfeeding Coalition and appearing on a radio
program. She purposefully did not fly Delta.

She brought her family, including her 4-month-old son, Donovan.

"It's really fun to come back and be breast-feeding again," Gillette said.
"What am I going to do when I come to Vermont and I'm not breast-feeding?"
she quipped.

rich@math.missouri.edu.

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