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.
Pregnancy discrimination at work is when an employer treats you unfavourably because you are pregnant, might become pregnant, are breastfeeding, or have family responsibilities. Common examples include being dismissed or made redundant soon after you disclose a pregnancy, having your shifts or hours cut, being demoted or excluded from duties, being refused a job or promotion, being denied reasonable adjustments, or being harassed with negative comments about your pregnancy. It is unlawful in Australia under the Fair Work Act 2009 and the Sex Discrimination Act 1984 — and you can challenge it through the Fair Work Commission (within 21 days of dismissal or adverse action) or the Australian Human Rights Commission (within 24 months).
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 happens far too often. 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.
Discrimination can be direct — treating you less favourably outright, such as sacking you after you disclose a pregnancy — or indirect, where a rule or requirement that looks neutral disadvantages pregnant employees in practice (for example, a blanket “no adjusted duties” policy that a pregnant worker cannot meet). Both forms are unlawful.
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, cancelling 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 recognise 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 it, or have exercised a workplace right such as 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, often with 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.
The reverse onus: a powerful advantage in general protections claims
In a Fair Work general protections claim, once you show that adverse action was taken and that you have a protected attribute (pregnancy) or exercised a workplace right, the onus shifts to your employer. They must prove the pregnancy was not a reason for their decision — not the other way around. This reverse onus of proof is one reason general protections claims are often a strong pathway for pregnant employees.
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:
1. 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.
2. 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.
3. 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.
4. 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.
5. Lodge a formal complaint
Depending on your situation, you can lodge a claim with the Fair Work Commission (for adverse action or 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. File a general protections claim if dismissed or disadvantaged due to pregnancy; an unfair dismissal claim if you’ve worked 6+ months (12 months for small businesses); or a flexible work dispute if your request was unreasonably refused. Deadline: 21 days from dismissal or adverse action. Lodge a claim with FWC.
Australian Human Rights Commission
For discrimination complaints — pregnancy discrimination, sex discrimination, family responsibilities discrimination, and harassment or a hostile work environment. Deadline: 24 months from the discrimination. Lodge a complaint with AHRC.
What happens when you lodge a complaint?
- Fair Work Commission (FWC) process
Lodge your application online or by post within 21 days. The FWC contacts your employer and attempts conciliation (informal resolution). If conciliation fails, the case may proceed to a hearing before the Commission, which can order remedies such as reinstatement, compensation, or penalties.
- Australian Human Rights Commission (AHRC) process
Lodge your complaint online, by email, or by post within 24 months. The AHRC investigates and attempts conciliation between you and your employer. If conciliation is unsuccessful, the AHRC terminates the complaint and issues a notice, and you can then take the matter to the Federal Court or Federal Circuit Court with legal advice.
What remedies can you get?
If a claim succeeds, the outcomes can include reinstatement to your role, compensation for lost wages and other losses, and orders that the employer change its conduct. General protections claims are notable because compensation for loss is uncapped (unlike unfair dismissal, which is capped), and the court can also impose civil penalties on the employer. The right pathway depends on your circumstances, so get advice before you choose.
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 your 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 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:
Key deadlines for pregnancy discrimination claims
| 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 |
The 21-day deadline for Fair Work Commission claims is strict, and missing it usually means you lose your right to make a claim. If you’ve been dismissed or subjected to adverse action because of pregnancy, contact the Fair Work Ombudsman or a lawyer immediately.
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 the Fair Work Commission (24 months for discrimination complaints with the AHRC)
In general protections claims the employer carries the reverse onus — they must prove pregnancy was not a reason for the decision
Seek advice immediately from the Fair Work Ombudsman (13 13 94), a union, or an employment lawyer
Pregnancy discrimination is serious, illegal, and unfortunately common. If you’re experiencing it, 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. Employers who handle parental and personal leave consistently with leave management software are also far less likely to make discriminatory decisions in the first place.
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
Keep HR decisions fair, documented, and audit-ready. RosterElf helps Australian businesses manage rosters, track leave and entitlements, and keep clean HR records — with leave management, digital HR records, and employee rostering built in.
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 the 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 the 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 the 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 the Sex Discrimination Act) is treating someone less favourably because of pregnancy. Both are illegal, and you can pursue claims under both frameworks.
How do I prove pregnancy discrimination?
Focus on the connection between your pregnancy and the unfavourable treatment. Strong evidence includes the timing (for example, shifts cut or a redundancy soon after you disclosed), written communications, meeting notes, witness statements, and comparator evidence showing other employees were treated differently. In a general protections claim the employer carries the reverse onus — once you show adverse action, they must prove pregnancy was not a reason. Keep an incident log and read our guide on gathering evidence and documentation that supports your case.
What compensation or remedies can I get for pregnancy discrimination?
Outcomes can include reinstatement to your role, compensation for lost wages and other losses, and orders that the employer change its conduct. General protections claims are notable because compensation for loss is uncapped and the court can also impose civil penalties on the employer, whereas unfair dismissal compensation is capped. The best pathway depends on your circumstances, so get advice from the Fair Work Ombudsman or an employment lawyer before choosing.
Can my employer cut my shifts or hours because I'm pregnant?
No. Reducing a pregnant employee’s shifts, hours, or roster because of their pregnancy is adverse action under the Fair Work Act and unlawful discrimination. Employers sometimes justify it with assumptions that pregnant staff are “unreliable,” but that reasoning is itself discriminatory. If your hours were cut after you disclosed a pregnancy, document the change and get advice — and see our guide on whether an employer can refuse part-time hours.
