Pregnancy Discrimination Now Top Complaint
Wednesday 6 November 2013 @ 12.12 p.m. | Industrial Law
The significant number of complaints received by the Australian Human Rights Commission and Fair Work Australia indicate that discrimination against pregnant employees and those returning to work after parental leave continues to be a problem in Australian workplaces.
The Fair Work Ombudsman (FWO) has recently revealed that pregnancy is now the top discrimination complaint in Australian workplaces, for the first time overtaking discrimination due to physical or mental disability.
Under the Fair Work Act 2009 (CTH) it is illegal to discriminate against an employee because they are pregnant. Nevertheless in 2012-2013, workers made 235 complaints to the FWO of which:
- 28 per cent were from pregnant women;
- 21 per cent were from people with physical or mental disabilities; and
- 11 per cent were from employees who felt their family or carer responsibilities resulted in them being treated differently.
The commission investigated 76 complaints, pursued three in court and executed enforceable orders in another three, including ordering a retail business to pay $2000 compensation to a pregnant Melbourne woman after she was told her hours were being drastically cut, and if she didn't like it she could quit.
Australian Council of Trade Unions (ACTU) president Ged Kearney said it was concerning, but "sadly, it's not a surprise".
The ACTU pregnancy discrimination hotline which has had up to 500 calls per 24-hour period reports that complaints include being sacked, passed over for promotion, denied training and receiving inappropriate comments after they revealed they were expecting.
"It really is astounding, the number of women who contact us."
A national review is now underway to investigate the prevalence, nature and consequences of discrimination in relation to pregnancy at work and return to work after parental leave.
On 22 June 2013, the Attorney-General’s Department asked the Sex Discrimination Commissioner, on behalf of the Australian Human Rights Commission to conduct the national review into the issue. The review will involve collection of quantitative and qualitative data to assess discrimination issues at work related to pregnancy and during, or on return to work after parental leave. The review will also look to understand the challenges faced by employers in accommodating the needs of pregnant employees and women and men returning to work after parental leave, and recognise leading practices and approaches for addressing these challenges.
Online submissions to the National Review are now open and will close on Monday 16 December 2013. More information about the review is available here.
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