Pregnancy discrimination happens when someone treats you unfairly, including bullying you, due to pregnancy or your need to breastfeed. Despite progress over the past few decades, pregnancy discrimination remains a significant issue in Australian workplaces. This can manifest in various ways, such as: 

• Being passed over for promotions or training opportunities 

• Receiving unfavourable changes to work schedules or duties 

• Facing unwarranted performance criticisms 

Sometimes, issues related to pregnancy discrimination and parental/maternity leave are connected. In Australia, it’s illegal to discriminate against an employee due to pregnancy or potential pregnancy. If you believe you’re being treated unfairly due to pregnancy, document all incidents and consider seeking legal advice. You can contact the Working Women’s Centre Victoria for free legal help, information and (depending on availability) representation. 

Breastfeeding at Work: Your Legal Protections 

Australian law protects your right to breastfeed or express milk at work. Employers are required to make reasonable accommodations, which may include: 

• Providing a private, hygienic space for breastfeeding or expressing milk 

• Allowing reasonable breaks for these purposes 

If your employer fails to provide these accommodations, it could be considered discrimination under the Sex Discrimination Act. Workplace discrimination is illegal, and you have a right to speak up. Our lawyers can provide up-to-date information to help you navigate your unique situation. 

Flexible Work Arrangements: Making a Request 

As a parent, you have the right to request flexible working arrangements under the Fair Work Act 2009. This could include changes to: 

• Hours of work (e.g., changes to start and finish times) 

• Patterns of work (e.g., split shifts or job sharing) 

• Location of work (e.g., working from home) 

Your employer must seriously consider your request and can only refuse on reasonable business grounds. If your request is denied without proper consideration, you may have a right to take legal action to either keep your job or receive compensation. 

Rights of Nonbinary and Trans Parents in the Workplace 

Nonbinary and trans parents may face unique challenges in the workplace, including discrimination based on gender identity. It’s important to understand that: 

• Discrimination based on gender identity is illegal 

• Non-binary and trans parents have the same parental leave rights as other parents 

If you’re a non-binary or trans parent facing workplace issues, the Working Women’s Centre Victoria can provide specialised support and advice. We aim for a world in which all parents, regardless of gender identity, are treated fairly and respectfully in the workplace. 

Seeking Help and Support 

Navigating workplace issues as a parent can be challenging, but you don’t have to face it alone. The Working Women’s Centre Victoria is here to provide support, advice, and representation when needed. We offer: 

• Free and confidential legal help for work-related legal issues 

• Representation in relevant tribunals and commissions (where we have capacity) 

• Information sessions and education about your workplace rights 

Asking for help is a positive step towards asserting your rights and creating a better working environment. If you’re facing any of the issues discussed in this post, or any other workplace challenges that may require legal help, don’t hesitate to reach out to us. 

By understanding your rights and accessing legal support, you can navigate the challenges of work and parenthood without the stress of being treated unfairly. Together, we can work towards creating workplaces that truly support all parents. 

Women and non-binary people working across Victoria can access the centre’s services by calling 1800 992 842. The phone line is open Monday to Friday, 9am to 3pm, with interpreter services available.