Important disclaimer
This article provides general information only and is not legal advice. Every situation is different, and your rights depend on your specific circumstances. For advice about your situation, contact the Fair Work Ombudsman or seek legal advice.
You've just told your employer you're pregnant. Within weeks, your shifts are cut, you're excluded from meetings, or worse - you're told your position is "no longer needed." This is pregnancy discrimination, and it's illegal in Australia. Yet it happens far too often.
Pregnancy discrimination takes many forms, from outright dismissal to subtle changes that make your working life impossible. This guide shows you real examples of pregnancy discrimination, explains your legal protections, and tells you exactly what to do if you're facing discrimination at work.
What is pregnancy discrimination?
Pregnancy discrimination occurs when an employer treats you unfavourably because you are pregnant, might become pregnant, are breastfeeding, or have family or caring responsibilities. It's unlawful under the Fair Work Act 2009 and the Sex Discrimination Act 1984.
Pregnancy discrimination can include:
- Dismissal or forced resignation: Firing you, pressuring you to resign, or making your job so difficult you feel you have to quit
- Refusal to hire: Not offering you a job because you are pregnant or might become pregnant
- Demotion or reduced responsibilities: Moving you to a lower position, taking away duties, or excluding you from important work
- Reduced hours or shifts: Cutting your hours, canceling shifts, or changing your roster unfavourably
- Denial of opportunities: Refusing promotion, training, professional development, or career progression because of pregnancy
- Harassment or negative comments: Making offensive remarks about your pregnancy, questioning your commitment, or creating a hostile work environment
- Refusal to provide reasonable accommodations: Denying requests for adjustments needed due to pregnancy (e.g., safer duties, reduced standing)
- Discriminatory redundancy: Selecting you for redundancy because of your pregnancy or upcoming parental leave
Real examples of pregnancy discrimination
Understanding what discrimination looks like in practice helps you recognize it. Here are real examples of pregnancy discrimination based on Fair Work Commission cases and complaints:
Example 1: dismissal immediately after disclosure
What happened: A retail employee told her manager she was pregnant. Two days later, she was told her position was being made redundant. No one else was made redundant, and her duties were redistributed to other staff.
Why this is discrimination: The timing strongly suggests the redundancy was not genuine and was directly related to her pregnancy disclosure. This is unlawful adverse action.
Example 2: reduced hours and shifts
What happened: A casual hospitality worker's shifts were progressively reduced after she disclosed her pregnancy. Her manager told her "we need reliable staff" and started offering her shifts to new employees instead.
Why this is discrimination: Reducing hours based on an assumption that pregnant employees are unreliable is direct discrimination based on pregnancy status.
Example 3: demotion or exclusion from duties
What happened: A project manager was removed from client-facing work and reassigned to administrative tasks after announcing her pregnancy. Her manager said they "didn't want clients to see her pregnant" and that she "should take it easy."
Why this is discrimination: Removing responsibilities without medical justification or consent, based solely on pregnancy, is unlawful. Employers cannot make assumptions about what work pregnant employees can do.
Example 4: refusal to hire
What happened: A job applicant disclosed during an interview that she was 4 months pregnant. She was told by the hiring manager that they "needed someone who could commit long-term" and that pregnancy would "complicate the onboarding process." She didn't get the job despite being the strongest candidate.
Why this is discrimination: Refusing to hire someone because of pregnancy is direct discrimination. Pregnancy does not affect a person's ability to perform a role or their commitment to an employer.
Example 5: harassment and negative comments
What happened: A supervisor repeatedly made comments like "I bet you're not coming back after the baby" and "we'll have to find someone more committed." The employee was excluded from team meetings and social events, with colleagues saying they "didn't want to burden her."
Why this is discrimination: Offensive comments about pregnancy, assumptions about commitment, and exclusion based on pregnancy create a hostile work environment and constitute harassment.
Example 6: denial of reasonable accommodation
What happened: A pregnant warehouse worker provided a medical certificate stating she needed to avoid heavy lifting. Her employer refused to adjust her duties and told her "if you can't do the job, you should take leave early." No alternative duties were offered.
Why this is discrimination: Employers must consider reasonable adjustments for pregnant employees on medical advice. Refusing without genuine justification and forcing early leave is discriminatory.
Example 7: denial of promotion or training
What happened: An employee applied for an internal promotion. During the interview process, she disclosed her pregnancy. She was told she was "not selected" but overheard her manager say to HR that "there's no point promoting someone who's about to go on leave."
Why this is discrimination: Denying promotion based on pregnancy or upcoming parental leave is direct discrimination. Pregnant employees have the same rights to career progression as anyone else.
Example 8: pressure to resign
What happened: After announcing her pregnancy, an employee was repeatedly asked by her manager when she was planning to leave and whether she'd "considered resigning to focus on family." The manager suggested she "wouldn't cope" with both work and a baby, and said it would be "easier for everyone" if she left.
Why this is discrimination: Pressuring someone to resign because of pregnancy is unlawful. Even if the employee formally resigns, this can be considered a forced resignation (constructive dismissal).
If you're facing redundancy while pregnant, read our detailed guide on whether your employer can make you redundant while pregnant.
Your legal protections against pregnancy discrimination
Australian law provides strong protections for pregnant employees through multiple pieces of legislation:
Fair Work Act 2009 - general protections
Protects you from "adverse action" (dismissal, demotion, changes to duties, reduced hours) because you:
- Are pregnant or have disclosed pregnancy
- Are absent on parental leave or have requested parental leave
- Have exercised or intend to exercise a workplace right (like requesting flexible work)
Sex Discrimination Act 1984
Makes it unlawful to discriminate against someone on the basis of pregnancy, potential pregnancy, breastfeeding, or family responsibilities. Covers hiring, promotion, training, terms and conditions, dismissal, and harassment.
State and territory anti-discrimination laws
Each state and territory has additional anti-discrimination legislation that protects against pregnancy discrimination. These laws often provide similar or broader protections than federal laws. Employers can stay informed about compliance requirements using Fair Work compliance tools that provide up-to-date guidance on discrimination laws.
What this means for you
- Your employer cannot dismiss, demote, or disadvantage you because you are pregnant
- You have the right to return to the same position after parental leave
- You can request flexible working arrangements, and your employer must genuinely consider the request
- You are entitled to unpaid parental leave (up to 12 months guaranteed, extendable to 24 months)
- You cannot be selected for redundancy because of your pregnancy
- You have the right to a workplace free from harassment and offensive comments about your pregnancy
What to do if you're facing pregnancy discrimination
If you believe you're experiencing pregnancy discrimination, take these steps as soon as possible:
Document everything
Keep detailed records of all incidents: dates, times, locations, what was said or done, who was present, and any witnesses. Save emails, text messages, and written communications. Take notes immediately after meetings or conversations. This documentation is crucial for any complaint or legal claim.
Raise the issue internally (if safe to do so)
If you feel comfortable, raise your concerns with your manager, HR department, or a senior leader. Put your concerns in writing (email is good). This gives your employer an opportunity to address the issue and creates a formal record. However, if you fear retaliation or the situation is unsafe, skip to external help.
Seek advice immediately
Contact the Fair Work Ombudsman on 13 13 94 or use their online enquiry service. They provide free advice about your rights and options. You can also speak to a union representative or employment lawyer.
Understand your timeframes
You have 21 days from dismissal or adverse action to lodge a general protections claim with the Fair Work Commission. For discrimination complaints with the Australian Human Rights Commission, you have 24 months. Don't delay - seek advice and act quickly.
Lodge a formal complaint
Depending on your situation, you can lodge a claim with the Fair Work Commission (for adverse action/unfair dismissal) or the Australian Human Rights Commission (for discrimination). You may be able to pursue both. Get advice on which pathway is best for your circumstances.
How to report pregnancy discrimination
You have several options for reporting and seeking redress for pregnancy discrimination:
Fair Work Commission
For adverse action, unfair dismissal, or disputes
- • General protections claim: If dismissed or disadvantaged due to pregnancy
- • Unfair dismissal: If you've worked 6+ months (12 months for small businesses)
- • Flexible work dispute: If your request was unreasonably refused
Deadline: 21 days from dismissal/adverse action
Australian Human Rights Commission
For discrimination complaints
- • Pregnancy discrimination
- • Sex discrimination
- • Family responsibilities discrimination
- • Harassment or hostile work environment
Deadline: 24 months from discrimination
What happens when you lodge a complaint?
Fair Work Commission (FWC) process:
- Lodge application online or by post within 21 days
- FWC contacts your employer and attempts conciliation (informal resolution)
- If conciliation fails, case may proceed to hearing before the Commission
- FWC makes a decision and may order remedies (reinstatement, compensation, penalties)
Australian Human Rights Commission (AHRC) process:
- Lodge complaint online, by email, or post within 24 months
- AHRC investigates and attempts conciliation between you and your employer
- If conciliation is unsuccessful, AHRC terminates the complaint and issues a notice
- You can then take the matter to Federal Court or Federal Circuit Court (with legal advice)
Evidence you need to support your complaint
Strong evidence is critical for a successful discrimination claim. Here's what to gather:
Written communications
Emails, text messages, letters, written warnings, or performance reviews. Any written evidence showing discriminatory treatment or timing that correlates with your pregnancy disclosure.
Meeting notes and diary entries
Detailed notes from meetings, conversations, or incidents. Include: date, time, location, who was present, what was said verbatim (or as close as possible), and your response. Write these immediately after events while memory is fresh.
Witness statements
Names and contact details of witnesses who saw or heard discriminatory behaviour. Written statements from witnesses (if they're willing) are very valuable.
Employment documents
Employment contract, position description, rosters, pay slips, performance reviews, and any documentation about your role, responsibilities, and employment history. Employers using digital HR records maintain comprehensive documentation that can support fair employment practices.
Medical evidence
Medical certificates confirming your pregnancy, evidence of pregnancy-related health issues, or doctor's notes recommending workplace adjustments.
Comparator evidence
Evidence showing how non-pregnant employees or employees without family responsibilities were treated differently in similar situations (e.g., other employees promoted while you were denied).
Important: Document as you go
Don't wait until you're ready to make a complaint to start documenting. Begin keeping records as soon as you notice concerning behaviour. It's much easier to document in real-time than to try to reconstruct events later from memory.
Critical timeframes and deadlines
Missing a deadline can mean losing your right to make a claim. Here are the key timeframes:
| Type of claim | Timeframe | Where to lodge |
|---|---|---|
| General protections (adverse action) | 21 days from dismissal/action | Fair Work Commission |
| Unfair dismissal | 21 days from dismissal | Fair Work Commission |
| Discrimination complaint | 24 months from discrimination | Australian Human Rights Commission |
| Flexible work dispute | 21 days from refusal | Fair Work Commission |
Don't delay - act immediately
If you've been dismissed or subjected to adverse action because of pregnancy, you have only 21 days to lodge a claim with Fair Work Commission. This deadline is strict, and missing it usually means you lose your right to make a claim. Don't wait - contact Fair Work Ombudsman or a lawyer immediately after the discriminatory action occurs.
Key takeaways
- Pregnancy discrimination is illegal in Australia under multiple laws, including the Fair Work Act and Sex Discrimination Act
- Common examples include dismissal, demotion, reduced hours, denial of promotion, harassment, and refusal to provide reasonable accommodations
- Document everything: Keep detailed records, save communications, and note dates, times, and witnesses
- You have 21 days to lodge a general protections or unfair dismissal claim with Fair Work Commission (24 months for discrimination complaints with AHRC)
- Seek advice immediately from Fair Work Ombudsman (13 13 94), a union, or employment lawyer
- You can lodge complaints with both Fair Work Commission and Australian Human Rights Commission depending on your circumstances
Pregnancy discrimination is serious, illegal, and unfortunately common. If you're experiencing discrimination, don't suffer in silence. You have strong legal protections and avenues for redress. Document everything, seek advice early, and act within the strict timeframes. Your rights matter, and there are systems in place to protect you.
Related resources
- → Can my employer make me redundant while pregnant?
- → Returning to work after maternity leave: Your rights explained
- → How to take maternity leave in Australia: Complete guide
- → Flexible working requests: How to ask and what employers can't refuse
- → Leave management software for Australian businesses
Frequently asked questions
What counts as pregnancy discrimination at work in Australia?
Pregnancy discrimination is when an employer treats you unfavourably because you are pregnant, might become pregnant, or have family responsibilities. Examples include: dismissing you because you're pregnant, refusing to hire you, denying promotion or training, making your job conditions worse, harassing you about pregnancy, or selecting you for redundancy because of your pregnancy.
Can I be fired for being pregnant in Australia?
No. It is illegal to dismiss an employee because they are pregnant, have disclosed pregnancy, or are taking parental leave. This is unlawful under the Fair Work Act and anti-discrimination laws. If you are dismissed due to pregnancy, you can make an unfair dismissal claim or general protections claim with the Fair Work Commission.
What should I do if I experience pregnancy discrimination at work?
Document everything in writing (emails, meeting notes, dates, witnesses). Talk to your employer or HR if safe to do so. Contact the Fair Work Ombudsman (13 13 94) for advice. Lodge a general protections claim with Fair Work Commission within 21 days if dismissed, or make a discrimination complaint to the Australian Human Rights Commission within 24 months. Consider speaking to a union or employment lawyer.
How long do I have to report pregnancy discrimination?
For unfair dismissal or general protections claims with Fair Work Commission, you have 21 days from the date of dismissal or adverse action. For discrimination complaints to the Australian Human Rights Commission, you have 24 months from when the discrimination occurred. Don't delay - seek advice immediately and lodge your complaint as soon as possible.
Can my employer ask if I'm pregnant during a job interview?
While not explicitly illegal to ask, employers cannot use your pregnancy status to make hiring decisions. If you are not hired and believe it was because you disclosed or appeared pregnant, this is unlawful discrimination. You are not required to disclose pregnancy during recruitment, though you should be truthful if asked directly.
Is pregnancy discrimination different from adverse action?
They overlap. Adverse action (under Fair Work Act) is when an employer takes action against you (like dismissal or demotion) because of a workplace right (including pregnancy-related entitlements). Discrimination (under Sex Discrimination Act) is treating someone less favourably because of pregnancy. Both are illegal, and you can pursue claims under both frameworks.
