Breastfeeding anti-discrimination changes passed at the Federal level

This article originally appeared on Hoyden About Town.

Via the Australian Breastfeeding Association on Twitter, this press release from the Federal Attorney-General:

A pale skinned woman reads 'Breastfeeding: A Parent's Guide' while nursing a baby

Attorney-General Robert McClelland and Minister for the Status of Women Kate Ellis today welcomed the passage through Parliament of the Sex and Age Discrimination Legislation Amendment Bill 2010.

The new law will provide greater protections by… establishing breastfeeding as a separate ground of discrimination, and allowing measures to be taken to accommodate the needs of breastfeeding mothers…

Here’s the text of a Senate review of the Bill as regards breastfeeding:

Creating a separate ground of discrimination for breastfeeding

2.9 Item 17 of Schedule 1 of the Bill would insert a separate ground of discrimination in relation to breastfeeding into the Sex Discrimination Act, to implement Recommendation 12 of the Senate Report. The Senate Report recommended that a separate ground be created because:

…the intent of the Act is to protect women from discrimination based upon them breastfeeding. This is achieved by providing in subsection 5(1A) that breastfeeding is a characteristic that appertains generally to women. This seems a somewhat circuitous path. It would be desirable for the Act to provide for specific protection against discrimination on the ground of breastfeeding.[17]

2.10 The separate ground of discrimination, provided for in proposed new section 7AA, only applies to women who are breastfeeding. ‘Breastfeeding’ would be defined as ‘the act of expressing milk’; ‘an act of breastfeeding’; and ‘breastfeeding over a period of time’. The inclusion of a reference to ‘breastfeeding over a period of time’ would ensure that a respondent cannot claim that a discriminatory act was lawful because the complainant was not actually breastfeeding at the time the act occurred.

2.11 The protections against discrimination on the ground of breastfeeding would be extended to both direct discrimination and indirect discrimination, under proposed subsections 7AA(1) and (2) respectively. Under subsection 7AA(1), direct discrimination would occur if a person treats a woman less favourably than someone else, ‘in circumstances that are the same or not materially different’, by reason of:

…the woman’s breastfeeding; or

…a characteristic that appertains generally to women who are breastfeeding; or…that is generally imputed to women who are breastfeeding.

2.12 The EM also provides an example of both direct and indirect discrimination in relation to breastfeeding:

  • direct discrimination would occur where an employer refuses to hire any woman who is breastfeeding, or a restaurateur declined to serve a breastfeeding patron; and
  • indirect discrimination would occur where an employer imposes a requirement on employees that they ‘must not take any breaks for set periods during the day under any circumstances’, which would have the effect of disadvantaging women who ‘need to express milk’.

2.13 The Bill provides that discrimination on the grounds of breastfeeding is also prohibited in the following areas of public life (subject to certain exemptions in Division 4 of the Sex Discrimination Act):

  • education;
  • goods, services and facilities;
  • accommodation;
  • land;
  • clubs; and
  • the administration of Commonwealth laws and programs.

2.14 Item 60 of Schedule 1 would prevent a man from bringing a complaint of unlawful sexual discrimination on the basis that a person grants to a woman rights or privileges related to the fact that they are breastfeeding. This amendment recognises that breastfeeding may ‘give rise to special needs, such as for private areas for breastfeeding, or hygienic areas for storage of expressed milk’, which should not be subject to complaints of discrimination.

I am assuming that the wording that regards all people lactating and feeding a baby as women is a pretty pervasive problem in this area? Otherwise this seems like very good news on a number of fronts.

The bill also has provisions about discrimination on the basis of family responsibilities, and increased protection for students who are harassed, including provisions about the harassment of a student by others from a different institution (I’m recalling now the University of Sydney strengthening their internal provisions regarding their residential colleges), and harassment of students under the age of 16.


Image credit: the image of the woman nursing and reading is Breastfeeding on a park bench by space-man on Flickr, used under Creative Commons Attribution-Sharealike-Non Commercial.

Is requiring Open Source experience sexist?

This article originally appeared on Geek Feminism.

Code Anthem’s Don’t Judge a Developer by Open Source (via Meg in the Open Thread) argues that companies that rely on Open Source coding contributions as a hiring criterion are both demanding a lot of their hiree’s free time and are sexist:

Open source is a culture. There are plenty of smart and passionate developers out there who are not part of that culture. And certainly there are plenty of dumb and curmudgeonly developers out there participating in open source…. There are there smarter ways to spend your time. The stereotypical open source developer works for a bumbling corporate during the day, doing dull work (but necessary to make money) and then comes home to work on his passion, OpenOKHRWUJ Framework…

Requiring open source contributions is sexist… Open source is dominated by men even more so than the programming community as a whole… it’s irresponsible to require your new hire developers to come from a male-oriented pool. Alas”¦ “Underrepresentation breeds underrepresentation”.

I have a comment in moderation there in which I say that I think the stereotype is incorrect: that Open Source developers in my experience are either university students or other young people with a lot of free time, or they’re paid Open Source developers. (I know hobbyist Open Source coders with unrelated dev or other full-time jobs too, yes, but not nearly so many and their contributions are for obvious reasons usually not as significant. If nothing else, this group has a really high incidence of typing injuries.)

But that’s a side-note: I think the core point of the post stands. Open Source is very male-dominated, is known for being unpleasantly sexist, and is also a subculture whose norms (even where neutral as regards sexism) don’t fit everyone. Requiring these norms feeds right into the problem talked about in Being Inclusive vs Not Being Exclusive:

People who come from underprivileged minorities are usually very experienced in the art of being excluded. Sometimes it’s overt – “we don’t like your kind” – but many times it’s subtle. They’re told that they’re “not quite right”, or they “don’t have the right look”, or “don’t have the right experience”, or just aren’t told anything. At the same time, they are surrounded by all sorts of imagery and communique about how they don’t quite belong, about how they have to change themselves to fit in, about how they are undesirable. They do not see a lot of examples they can relate to; even the ones that come close tend to stick out for being “Exotic”, being a token. They already have a lot of barriers against them and are already of the mind that they’ll more likely be rejected than accepted.

If you insist on a lot of experience in a particular male-dominated sub-culture as a prerequisite for a job, that reads as “we prefer [a subset of] men, basically, or at least people willing to work hard to minimise all the ways in which they aren’t [part of the subset of] men” even if you didn’t intend it to and even if you didn’t want it to.

Code Anthem isn’t, as far as I can tell, thinking about Open Source paid jobs in that post, but they of course have this problem magnified. It seems vastly reasonable on the face of it: hiring existing Open Source contributors, ideally people from your very own community, means you hire people who are well-versed in the particular mode of development you do, in particular, the use of text-based mediums for communicating among a distributed team. Since Open Source (or more to the point Free Software) projects are at least sometimes associated with particular non-commercial goals and philosophies agreement with those seems desirable. But since most long-term Open Source developers need to be paid for it, it strongly feeds into this cycle of long-term Open Source developers continuing to be male and of a particular kind of culture, and continuing to overtly or subtly signal that that’s who is welcome in Open Source development.

Possible other posts of interest:

  • Terri’s Want more women in open source? Try paying them.
  • Dorothea Salo’s Sexism and group formation:

    A woman can be an honorary guy, sure, with all the perquisites and privileges pertaining to that status””as long as she never lets anything disturb the guy façade.

    It’s good to be an honorary guy, don’t get me wrong. Guys are fun to be around. Guys know stuff. Guys help out other guys. Guys trust other guys. And in my experience, they don’t treat honorary guys any differently from how they treat regular guys. It’s really great to be an honorary guy.

    The only problem is that part of the way that guys distinguish themselves from not-guys is by contrasting themselves with women.