- A new report finds pregnancy and caring-related discrimination remains a major barrier to workplace participation and gender equality.
- Workers reported losing shifts, promotions and opportunities, while many feared speaking up due to insecure work, financial pressures or job insecurity.
- It identifies 18 areas for reform, including stronger legal protections, more flexible workplaces and improved access to justice.
Note: Sex Discrimination Commissioner Dr Anna Cody will be available for interviews in the morning, Tuesday 20 October.
Parents and carers still facing widespread workplace discrimination
A new report by the Australian Human Rights Commission has found discrimination related to pregnancy and caring responsibilities remains a major barrier to gender equality and participation in Australian workplaces.
Despite legal protections over the past decade, the Balancing Act report - featured in tonight's episode of Four Corners on the ABC - finds a significant gap between workers’ rights and their everyday experiences. Discrimination can occur when workers disclose a pregnancy, take or return from parental leave, breastfeed or express milk, request flexible work or manage caring responsibilities.
‘Everyone has the right to be supported at work as they care for their family, and no one should be forced to choose between earning a living and caring for children and family members who need them,’ said Sex Discrimination Commissioner Dr Anna Cody.
‘Workers told us about losing shifts and opportunities, being denied promotions, being made redundant in questionable circumstances, and struggling to access the flexibility needed to care.
‘The consequences can be profound: affecting people’s financial independence, career progression, mental health and family wellbeing. Women bear the brunt of this harm, but men in caring roles also experience discrimination. The harm is often compounded for workers who already face barriers in the labour market.
‘Workers of many marginalised backgrounds, including migrants and refugees, are overrepresented in casual, insecure and temporary work. Workers told us they were afraid to disclose a pregnancy or request flexibility out of fear of losing shifts, income or their visa status.
‘We also heard from First Peoples workers, whose kinship and cultural caring responsibilities were often not recognised by workplaces and legal systems built around narrow definitions of family.’
Everyone has the right to supported at work as they care for their family, and no worker should be forced to choose between earning a living and caring for the people they love.
Recommendations
The report draws on consultations with dozens of stakeholders, including workers, employers, unions, community organisations and academics, along with a comprehensive review of existing research and evidence.
It identifies 18 areas for reform, including changes to the Sex Discrimination Act and Fair Work Act to strengthen legal protections, reforms to paid parental leave, measures to make workplaces more flexible and inclusive, improved access to justice, and better recognition of the diverse ways Australians care for family and community.
In particular, the report calls for the removal of the requirement of 12 months of continuous service to access unpaid parental leave and greater access to parental leave in foster, kinship and grandparent care situations.
‘People should not be discouraged by their managers from taking parental leave because it’s a “career ender”, or be overlooked, ostracised or forced out of work because they are starting a family or caring for a sick parent,’ Dr Cody said.
'We know what needs to change. Caring is an important part of life, and our workplaces should reflect that.’
The report builds on the Human Rights Commission’s landmark 2014 National Review, which found nearly 1 in 2 (49%) mothers reported experiencing discrimination during pregnancy, parental leave or on return to work.
Read the report, Balancing Act: Supporting Working Parents and Carers
Contact details:
Email: [email protected] or phone: 0457 281 897 (calls only, no texts)