Workplace Discrimination Remains a Barrier for Parents and Carers, Australian Human Rights Commission Report Finds

Workplace discrimination related to pregnancy and caring responsibilities remains widespread across Australia despite existing legal protections, according to a new report released by the Australian Human Rights Commission.

The report, titled Balancing Act, found a significant gap between legal rights and the everyday experiences of employees. According to the Commission, discrimination occurs across various stages, including when workers disclose pregnancy, take or return from parental leave, express milk or breastfeed, request flexible work arrangements, or manage other caring roles.

Sex Discrimination Commissioner Dr Anna Cody stated that workers reported negative workplace outcomes such as lost shifts, missed promotions, denied opportunities, questionable redundancies, and difficulties accessing flexible working arrangements. Dr Cody noted that while women bear the brunt of the harm, men in caring roles also experience discrimination, which impacts financial independence, mental health, career progression, and family wellbeing.

The Commission highlighted that the harm is often compounded for marginalized groups, such as migrants and refugees who are overrepresented in insecure and casual employment and may fear losing income or visa status. The report also found that First Peoples workers faced challenges because workplace and legal systems often fail to recognize kinship and cultural caring responsibilities.

Drawing on consultations with workers, employers, unions, community organizations, and academics, the report outlines 18 areas for reform. These recommendations include amending the Sex Discrimination Act and the Fair Work Act, updating paid parental leave schemes, enhancing access to justice, and fostering more flexible workplace environments.

Specific proposed changes include removing the 12-month continuous service requirement to access unpaid parental leave and expanding parental leave eligibility to foster, kinship, and grandparent carers.

The Balancing Act report builds on the Commission's 2014 National Review, which previously revealed that 49 percent of mothers reported experiencing workplace discrimination during pregnancy, parental leave, or upon returning to work.

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