Pregnancy Discrimination Lawyers

The excitement of a pregnancy must not be overshadowed by acts of discrimination from an employer.

Discrimination against pregnant people takes many forms – having your leave requests refused – unwillingness to make reasonable changes to accommodate pregnant employees.

Pregnancy discrimination doesn’t only apply to people who are currently pregnant. It can also include potential pregnancies, which encompasses anyone who has expressed a desire to get pregnant, is perceived as likely to get pregnant, or is found capable of childbearing.

Actions that are considered pregnancy discrimination are prohibited under the Sex Discrimination Act 1984 (Cth).

What Does Pregnancy Discrimination Look Like?

It’s usually glaringly obvious. Typically a person announces “I’m pregnant”, to which the response is “You’re redundant”. The stress this causes to those involved, who usually need the income support to meet their increased expenses, is serious. Sometimes the redundancy occurs while the person is on maternity leave and there is little or no consultation about a new position, nor is there a return to work.

Talk to Our Pregnancy Discrimination Lawyers in Melbourne, Sydney, Canberra, Adelaide, Brisbane and Across Australia

The laws prohibiting pregnancy discrimination are clear and unambiguous to protect both the individual employee and the Australian economy. The law does not want to see talented pregnant employees poorly treated, nor is it good for Australia that talented pregnant employees or new parents are taken out of the workforce. Australia needs the work and the taxes from all of its citizens capable of working and the workers need the income, especially when establishing a young family with the expense that involves.

Pregnancy Discrimination Case Study

This is the case of Sagona v R & C Piccoli Investments Pty Ltd & Ors [2014], FCCA 875.

It was dealt with in the Federal Circuit Court of Australia and involved a dispute between a photographer who had been employed for 12 years, and her employer.

The photographer told her employer that she was 10 weeks pregnant and planned to take maternity leave. The employer then engaged in acts such as demanding she works extra hours and refusing requests for alternative duties or part-time work. The court held that the applicant was forced to resign due to these actions.

As a result, the employer was ordered to pay a pecuniary penalty to the applicant totalling $61,000. They were also ordered to pay a compensation payment of $164,097 to cover losses, as well as an additional $10,000 for the hurt, humiliation, and distress caused.

Talk to Our Pregnancy Discrimination Lawyers in Melbourne, Sydney, Canberra, Adelaide, Brisbane and Across Australia

Has your employer treated you less favourably or taken action against you due to your pregnancy or potential pregnancy? McDonald Murholme can help you determine if you are eligible for compensation.

If you are an employer and you believe a pregnancy discrimination claim is being bought against you unfairly, our team can also advise you.

Contact McDonald Murholme Today

To speak with our pregnancy discrimination lawyers about your circumstances, call 9650 4555 or enquire online.