This occurs where a woman is treated unfavourably because she is pregnant, or because she might become pregnant. It includes unfavourable treatment based on a belief about pregnant women in general, for example, that pregnant women are not interested in working. An example would be where an employer reduces a worker’s hours when she becomes pregnant, even though the worker is still quite capable of working her usual hours.
Legislation:
Areas of discrimination on basis of pregnancy under SA law
In South Australia it is illegal under Part 5B of the Equal Opportunity Act 1984 (SA) to discriminate on the grounds of pregnancy. This includes discrimination because it is thought likely that the woman may become pregnant.
The following areas of discrimination on the basis of pregnancy are unlawful:
Exemptions
There are exemptions in the following circumstances:
Areas of discrimination on basis of pregnancy and family responsibilities under Commonwealth law
Discrimination on the basis of pregnancy under Commonwealth legislation includes the fact that a woman is capable of bearing children, or has expressed a desire to become pregnant [Sex Discrimination Act 1984 (Cth) ss 4B and 7].
Discrimination on the basis of pregnancy (including potential pregnancy) is prohibited in the following areas:
Exemptions
There are exemptions in the following circumstances:
Pregnancy discrimination at work is also unlawful under the Fair Work Act 2009 (Cth) and complaints can be made to the Fair Work Ombudsman.
Making a complaint
Complaints can be made to the Australian Human Rights Commission (Cth) or the Equal Opportunity Commission (SA). There is no cost to lodge a complaint in either Commission. For forms and guides on making a complaint see the websites of the Equal Opportunity Commission and the Australian Human Rights Commission.
For complaints relating to discrimination in employment, claims may be made to the Fair Work Commission, see the Employment chapter on protected workplace rights: General Protections.
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Time limits: The Australian Human Rights Commissioner may decide not to take any action for complaints on acts committed more than 2 years (24 months) after the alleged acts, omissions or practices took place [Australian Human Rights Commission Act 1986 (Cth) s 46PH]. Until 12 December 2022, the time period was 6 months for any claims not being made under the Sex Discrimination Act 1984 (Cth). The Equal Opportunity Commission requires a complaint to be made within 12 months of the event being complained of but can grant extensions of time [Equal Opportunity Act 1984 (SA) s 93]. General protections claims relating to dismissal have a 21 day time limit (from the date of notice of dismissal) in the Fair Work Commission, unless exceptional circumstances justify an extension of time [Fair Work Act 2009 (Cth) s 394]. |
Jane was working as a livestock manager in a medium-sized country livestock business. On discovering she was pregnant, her doctor recommended light duties for four weeks and to avoid administering medication to livestock. She told her employer, Keith, and provided a doctor's certificate.
Keith called a meeting for himself, Jane, and another employee, Jack, and said Jack would now take over from Jane as manager. Jane asked for Keith to put this in writing, which he did, stating, "Jane is now pregnant and I feel in the future she will not be able to have the time necessary to do the job."
Jane took sick leave and made a complaint to the Equal Opportunity Commission. Keith denied that Jane was either demoted or discriminated against. The business had undergone a restructure and Jane's status in the business had been retained along with her salary package. However, her medical certificate placed some restrictions on her and he was concerned about her safety as they work with heavy animals and chemicals.
Outcome: At conciliation, Keith agreed to pay Jane $2,800 for loss of income and allow Jane to return to work after signing her clarified job description.
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