Human Rights Commission urges stronger protections for pregnant workers
The commission wants flexible work to become a presumptive right and tougher safeguards against discriminatory redundancies. The government has not committed to the recommendations.
The Australian Human Rights Commission has recommended overhauling workplace laws to better protect pregnant women and mothers, finding that pregnancy discrimination continues to obstruct workforce participation and gender equality.
Its report proposes expanding the Sex Discrimination Act to prohibit indirect discrimination linked to family responsibilities. This can occur when a rule covering everyone unfairly disadvantages pregnant employees or parents. The commission found casual employees and parents from minority backgrounds faced greater vulnerability.
The commission also wants employers to provide stronger evidence that a redundancy is genuine before dismissing a pregnant worker or mother. It recommends tougher legal safeguards against redundancies linked to pregnancy leave or caring duties, supported by meaningful penalties.
Sex discrimination commissioner Anna Cody said existing legislation had fallen behind the needs of families relying on two incomes. She backed changes to the Fair Work Act that would make flexible work a presumptive entitlement, rather than simply something employees can request.
The report also highlights gaps in parental leave protections. Eligibility for unpaid parental leave requires a year with the same employer. Workers granted leave before meeting that requirement have no entitlement to return to their previous job. Researchers and the commission have long sought changes to address that gap.
Employment Minister Amanda Rishworth said an ongoing workplace standards inquiry was examining parental leave issues. She acknowledged further work was needed on discrimination, including workplace behaviour and culture, but the government has not committed to the proposed changes.
