Losing shifts, being denied promotions or being made redundant in “questionable” circumstances. These are just some of the experiences facing Australian women and workers when they announce a pregnancy, take or return from parental leave, or attempt to manage their caring responsibilities, according to a new report released today by the Australian Human Rights Commission.
Take the example of Luisa*, an experienced HR manager in healthcare who was made redundant a month after telling her employer she was pregnant. Luisa explained that her husband planned to take parental leave and that she would return to work soon after the birth, even offering to continue working on a part-time basis. But the redundancy went ahead.
“Her employer questioned who would support Luisa after the baby was born, because her family lived overseas,” the report said. “At the time, Luisa was almost halfway through the pregnancy. She was worried she would not be able to find another job, leaving her family in a financially vulnerable position.”
“Her husband had previously thought pregnancy discrimination was only an issue that affected women, but this experience made him realise it impacts the whole family.”
The Balancing Act report found a major gap between the legal rights of workers and what they actually experience in real life. It found discrimination often occurs when workers disclose a pregnancy, take or return from parental leave, breastfeed or express milk, request flexible work or manage caring responsibilities.
“Sham” redundancies (where an employer claims a role is no longer needed to hide their discrimination), performance management, diminished duties and withdrawal of career development opportunities were all noted as recurring patterns of pregnancy discrimination commonly affecting women across Australia.
“Everyone has the right to be supported at work as they care for their family, and no one should be forced to choose between earning a living and caring for children and family members who need them,” said Sex Discrimination Commissioner Dr Anna Cody.
“Workers told us about losing shifts and opportunities, being denied promotions, being made redundant in questionable circumstances, and struggling to access the flexibility needed to care.
Dr Cody said the consequences were “profound” for workers, affecting people’s financial independence, career progression, mental health and family wellbeing.
The report also notes that women bear the brunt of this harm, but men in caring roles also experience discrimination.
The harm is often compounded for workers who already face barriers in the labour market or are overrepresented in insecure or casual work, including First Nations people and those from migrant and refugee backgrounds.
The report coincides with this week’s Four Corners episode, which had more than 100 women telling the program they lost work after becoming pregnant or having a child. Some of these women worked at Australia’s biggest companies, and nearly a quarter worked in the public sector.
The Human Rights Commission report identified 18 areas for reform. These included strengthening legal protections, reforming paid parental leave, expanding flexible work, and improving access to justice. It calls for removing the requirement of 12 months of continuous service to access unpaid parental leave and expanding access to parental leave in foster, kinship, and grandparent care situations.
“People should not be discouraged by their managers from taking parental leave because it’s a “career ender”, or be overlooked, ostracised or forced out of work because they are starting a family or caring for a sick parent,” Dr Cody said.
“We know what needs to change. Caring is an important part of life, and our workplaces should reflect that.”