Women are being forced out of employment through “sham redundancies”, losing shifts, and facing hostile work environments after having a baby, according to a report by the Australian Human Rights Commission. The report warns that parental discrimination remains a major barrier to gender equality.

Key Findings

The commission's report suggests that pregnancy discrimination is more prominent for vulnerable groups, including immigrant and First Nations women, people with disabilities, and LGBTQ+ individuals. The commission held roundtables with dozens of parents, legal, and community advocates when compiling the report.

In one case study detailed in the Balancing Act report, Luisa*, an experienced HR manager in the healthcare industry, was made redundant one month after informing her employer of her pregnancy. The report noted:

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“Her employer questioned who would support Luisa after the baby was born, because her family lived overseas.”

Luisa explained that her husband would take parental leave and that she planned to return to work soon after the birth. She also offered to continue working on a part-time basis, but the redundancy went ahead.

Urgent Need for Law Reform

Anna Cody, the sex discrimination commissioner, stated that urgent law reform is needed to the Sex Discrimination Act to protect women and families, arguing that legislation has not kept pace with a changing society. She noted that women often delay informing their employers about pregnancies for fear of losing their jobs:

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“Frequently, when a woman does tell that she is pregnant … she will experience either performance management, or suddenly – if she’s in insecure work, and we know that migrant women and women targeted by racism are more likely to be in insecure and shift work – then the shifts will dry up.”

Cody emphasized that the third issue is redundancies, which she described as “sham redundancies.” She explained: