Working parents and discrimination in the workplace

Rights and protections

While these types of discrimination undoubtedly occur in the workplace, there are legal protections in place for employees who are pregnant or have family responsibilities – e.g. the Fair Work Act states that employers cannot take ‘adverse action’ against an employee due to them being pregnant.

The Fair Work Act “makes discrimination on the basis of sex, pregnancy, and family and carer’s responsibilities unlawful, subject to certain exceptions, and protects employees who have workplace rights, like the right to take unpaid parental leave.”

Additionally, there are a range of federal and state/territory anti-discrimination laws which make it “unlawful for an employer to discriminate against an employee on various grounds including …pregnancy, potential pregnancy, breastfeeding and family responsibilities.”

Employees also have the right to request flexible working arrangements if they have worked for the same employer for at least one year and are not employed on a casual basis. 

Addressing the problem

So… as an employer, it is important you, your managers and your workforce understand the business’ responsibilities in relation to working parents so they don’t experience discrimination in your workplace.

If an employee believes they are being discriminated against because of pregnancy and/or family responsibilities, there are a number of avenues they can pursue to ensure it is dealt with. The first course of action should be that your employee clearly understand discriminatory behaviour in your workplace is not acceptable and feel comfortable in bringing that matter to the attention of management should they believe it has occurred.

At the same time and whilst your employee may believe it is discriminatory behaviour, it may be reasonable management action. Your management team and your workforce needs to understand the difference between reasonable management action and discriminatory behaviour.

If an employee says they are being discriminated against, make sure you take the correct action in addressing the matter – i.e. investigate all of the circumstances and confirm the outcome of that investigation with the employee. If it is reasonable management action, explain to the employee why that is the case. If it is discriminatory behaviour by an employee or group of employees, make sure those people understand that such behaviour is not acceptable in your workplace and implement any disciplinary action that may be required.

If you do not manage discrimination complaints, your business could very well end up with a complaint against it with the relevant commission.

As most employers are working parents themselves, there should be a level of understanding of the pressures and responsibilities facing working parents and avoid falling into patterns where working mums and dads in your workplace are overlooked, singled out or dismissed due to their family responsibilities.

Having an open dialogue with employees about their concerns and expectations, ensuring your workplace has family-friendly work practices in place, and embracing flexible work arrangements are great places to start.

While it can sometimes take work to adapt, we have a legal (and moral) obligation to not discriminate against working parents.