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ARTICLE · 01 AUGUST 2022

Pregnancy and parental discrimination in the modern workforce

The most common form of pregnancy discrimination is redundancy during or after parental leave.

AustraliaEmployment and HR

Pregnancy discrimination has long been illegal in Australia and it is one form of discrimination that society rejects most strongly. However, notwithstanding this rejection, there is still significant amounts of pregnancy discrimination in the workforce.

Thankfully the obvious forms of pregnancy discrimination are rare, although still present – for example, in Sagona v R & C Piccoli Investments Pty Ltd & Ors [2014] FCCA 875 a pregnant employee was told it was 'was not a good look' for customers to see a pregnant woman working and she could no longer conduct photoshoots – and the more prevalent forms of pregnancy discrimination are more subtle.

Discrimination can start with comments by supervisors, such as that parental leave was a 'holiday' or that an employee's need to leave to collect a child was a burden on other employees. This conduct is illegal however it is often difficult for an employee to obtain a remedy because making a complaint can be seen as rocking

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