The short version
- The Australian Human Rights Commission report identifies sham redundancies as a primary mechanism for removing pregnant workers from employment.
- Discrimination rates remain high, with recent university data suggesting nearly ninety percent of parents face bias during pregnancy or return to work.
- Systemic hurdles including evidentiary burdens on complainants and legal backlogs discourage reporting, particularly among immigrant and First Nations women.
A comprehensive review by the Australian Human Rights Commission has identified a persistent pattern of workplace hostility targeting pregnant employees and new parents. The report, titled Balancing Act, concludes that many women are being pushed out of their roles through mechanisms such as fabricated job eliminations, reduced shift allocations, and unwelcoming professional environments. These findings underscore a significant barrier to gender equality in the Australian labor market, suggesting that current legal frameworks have failed to keep pace with evolving social norms and workplace dynamics.
The commission’s analysis highlights the prevalence of what officials describe as sham redundancies. In these instances, employers claim that a position is no longer required or has been eliminated, when in reality the role remains necessary but the employer wishes to avoid accommodating a pregnant worker. This practice places an unfair evidentiary burden on the employee, who must prove that the job still exists while navigating the vulnerability of pregnancy or new parenthood. The structural imbalance discourages many from pursuing legal recourse, as the process is lengthy and emotionally taxing.
Sex discrimination commissioner Anna Cody emphasized that the current legislative landscape leaves women bearing the disproportionate weight of proving discrimination. She noted that when employees disclose their pregnancies, they often face immediate performance management issues or a sudden drying up of shifts, particularly if they hold insecure positions. Migrant women and those facing racial discrimination are disproportionately represented in precarious employment sectors, making them more susceptible to these tactics. The lack of timely legal protection exacerbates the power imbalance between employers and vulnerable workers.
Case studies included in the report illustrate the personal impact of these systemic issues. One healthcare human resources manager was made redundant shortly after announcing her pregnancy, despite offering to work part-time and having a partner who would take parental leave. Her employer cited concerns about family support due to relatives living overseas, ignoring her stated plans for return. Another worker lost her position after requesting longer shifts to better manage care for young children and an ill parent, only to be dismissed when her shift offers ceased entirely. These examples demonstrate how reasonable accommodation requests are often met with punitive measures rather than dialogue.
The report also points to a culture of exclusion regarding breastfeeding and lactation needs. Even in workplaces that provide physical infrastructure for nursing, such as clean and secure spaces, employees report feeling unsupported by prevailing attitudes. One technology sector employee described being discouraged from taking necessary breaks despite available policies, pressured instead to work long, uninterrupted hours. This cultural resistance undermines formal protections and signals to new mothers that their biological needs are secondary to productivity demands.
Statistical data included in the briefing reveals a troubling trend in reported discrimination. A 2014 national review found that nearly half of all mothers experienced bias during pregnancy, leave, or return to work. More recent data from a 2024 University of South Australia survey indicates that these figures may have worsened, with eighty-nine percent of parent workers reporting discrimination during pregnancy and ninety-two percent facing bias upon returning to their jobs. While formal complaints to the human rights commission have risen from fifty-two in 2023 to seventy-one in 2025, officials caution that this likely represents only a fraction of actual incidents due to underreporting.
Advocacy groups are calling for urgent legislative reform and renewed data collection efforts. Georgie Dent, chief executive of the Parenthood organization, stressed the importance of reinstating national surveys to accurately track the scope of the problem. Without reliable metrics, policymakers cannot effectively address the root causes of workplace discrimination. The commission has urged the federal government to fund another comprehensive survey to update the outdated 2014 data and provide a clearer picture of current conditions.
Looking ahead, the commission plans to push for changes to the Sex Discrimination Act to better protect families and close loopholes that allow sham redundancies to flourish. The backlog of cases within the human rights system, which can take up to a year to assign a conciliator, further delays justice for victims. Addressing these systemic inefficiencies is critical to restoring faith in the legal process and ensuring that pregnancy does not become a liability in the modern workplace. Until reforms are implemented, many women may continue to delay disclosing pregnancies or leave the workforce entirely to avoid professional repercussions.
The findings serve as a stark reminder that gender equality remains an unfinished project in Australia’s labor market. While progress has been made in some areas, the persistence of bias against pregnant and parenting workers suggests that deeper cultural and structural changes are needed. Employers, policymakers, and advocates must collaborate to create environments where flexibility is normalized and discrimination is actively prevented rather than merely penalized after the fact.
Sources behind this briefing
Go to the original reporting
- The Guardian World↗Pregnant women face workplace hostility and ‘sham redundancies’, Australian human rights report finds
