DiscriminationThe Sex Discrimination Act 1984 (and its subsequent amendments) and the Industrial Relations Act 1996 have been put in place to ensure that women are not discriminated against in the workplace because they are pregnant or because they have the potential to become pregnant. All types of employment are included under these laws. Whether you are casual, part-time, or full-time you should not suffer any discrimination in the workplace. The following information will outline your employer’s obligations to you. There are two types of discrimination recognised by the laws: - Direct Pregnancy Discrimination- this is said to have occurred when a woman is individually treated less favourably because she is pregnant or is potentially pregnant (i.e. This includes if a woman has shown a desire or inclination towards being pregnant or purely because she is a woman of child bearing age).
- Indirect Pregnancy Discrimination- this is said to have occurred when an employer sets in place a requirement/condition/ or work practice that disadvantages a pregnant or potentially pregnant woman.
Here are some examples of how some women have suffered from discrimination while pregnant or on parental leave. - They have been bypassed for promotions or transfers.
- They have not been offered pay rises or bonuses consistent with other employees.
- They have not been offered the opportunity to attend training courses.
- They have had their hours of work and number of shifts decreased.
- They have had their role and duties changed without consultation.
- They have suffered continual comments, in a negative way, regarding their pregnant state. Examples of inappropriate behaviour that may constitute discrimination include constant references to the pregnancy, persons touching the employee’s stomach, questioning the employee about her ability to cope with the workload, or continually badgering the employee about what her real intentions are regarding her return to work.
- They have noticed a clear change in the attitude of their employer who previously praised their work to questioning and complaining about their work performance.
- They have returned to work and found a permanent employee has filled their position and they were subsequently placed in a role that held lower status in the company.
If you feel you are the subject of discrimination at work you should contact your individual union, your State Department for Employment and Workplace Relations.
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