Recently, Four Corners reported on how pregnancy discrimination continues to push more women out of the workforce. Despite positive gains in women’s participation in the workforce, pregnancy and carer’s discrimination continues to be a dominant legal issue for clients seeking help from the Working Women’s Centre Victoria.
Most employers understand it is unlawful to fire or demote an employee in a discriminatory manner. However, in our experience redundancies still disproportionately impact clients while pregnant, on maternity leave or shortly after they return to the workplace.
Pregnancy and/or Parent discrimination can look like:
- Redundancy
- Demotion
- Loss of benefits, bonuses or promotions
- Harassment
- Being sidelined
- Refusal to hire
- Unfair treatment.
It can affect:
- Employees
- Job applicants
- People who are pregnant
- People who might become pregnant
- People who have recently given birth
- People who are breastfeeding
- Parents / carers
Assumptions cause harm
Parents returning from parental leave deserve to have agency over their career choices and trajectory. When employers make assumptions about a person’s capacity and commitment as a working parent and carer, it can cause real harm. At times, these assumptions can even become pretext for demotion or redundancy.
Shortly before returning from parental leave, one of our clients learned that her employer was restructuring, including potential redundancies. During consultations on her possible redeployment, her employer stated that she would not be suitable for alternative positions as they required interstate travel and “she has young children at home.”
Her employer made this assumption. Our client was never asked if this was in fact the case.
The employer decided to redeploy our client into a lesser role, before making her redundant a few months later. She later discovered that the temporary worker who had been hired as her maternity leave cover was offered a full-time position involving interstate travel that was never offered to her.
Our client had acquired years of skills and experience and had been a celebrated employee. After the birth of her second child, assumptions about how family life would impact her work performance left her feeling disrespected and discarded.
An inflexible system
There are many ways that our current workplaces aren’t designed with parenthood in mind. For example, school hours do not coincide with a typical workday. This has resulted in what the ABC describes as “the lost time of modern parenthood“, in which it is impossible for two parents to work full-time and meet childcare commitments. Instead, our workplaces operate on the assumption that one parent will stay at home.
Being pregnant or becoming a parent in a system that doesn’t account for the demands of both work and family is frustrating to navigate. For new parents, it can be near impossible. The consequences can be particularly significant for women who continue to shoulder a disproportionate share of unpaid care.
Under the Fair Work Act 2009 (Cth), parents returning from approved unpaid parental leave to a job where they have worked for 12 continuous months can request flexible working arrangements. However, this can be complicated for casual and part-time workers, or mothers seeking new employment.
Even when employees are eligible to request flexibility, exercising that right can be daunting. Asking to adjust work hours or work remotely can feel risky. Some people report fears of appearing less committed and competent, being overlooked for promotions, or facing greater performance scrutiny. While the law protects employees from facing adverse action for exercising workplace rights, the fear of other repercussions can be enough to discourage employees.
Importantly, the right to request flexible work does not mean those requests must be approved. Employers can refuse requests on reasonable business grounds, provided statutory requirements are met.
The motherhood tax adds up
Motherhood can result in economic disadvantage through both direct financial costs and missed opportunities. The “Motherhood Tax” describes the financial, career and time costs many women face after having children.
The disadvantages working mothers face aren’t always just about what happens to them. They can also stem from missed opportunities such as promotions, bonuses and career progression. While those setbacks might seem small at first, they compound over time. Some estimates indicate that working mothers lose on average 55% of their ordinary earnings in the first 5 years after a child’s birth.
When women lose income or career opportunities, the consequences can extend to their superannuation and financial independence.
No one should have to choose between growing their family and keeping the job that supports them
To support equitable workplaces, we must support the working rights of our increasingly female workforce. People should feel supported as they build a family – not forced to choose between having children and maintaining a stable income. Policies designed with women’s needs in mind can help make that possible.
Becoming a parent is a huge step. The least our workplaces can do is support new parents. At the Working Women’s Centre Victoria, we’re continuing to advocate to end pregnancy discrimination.
Need support with a workplace matter?
The Working Women’s Centre Victoria has a team of lawyers ready to provide free, confidential legal help. We can help you understand your rights, explore your options, and take action if needed.
We’re here to help any woman working anywhere in Victoria, even if you live in regional or remote areas. We can also organise an interpreter if you need.
Contact us today:
Visit www.wwcvic.org.au
Call 1800 WWC VIC (1800 992 842), Mon–Fri 9am–3pm