Pregnancy discrimination is unlawful treatment of an employee or job applicant because they are pregnant, might become pregnant, have recently given birth, or are breastfeeding. Under the Fair Work Act 2009 (Cth), the Sex Discrimination Act 1984 (Cth), and state and territory anti-discrimination laws, it is against the law for an employer to dismiss, demote, sideline, harass, refuse to hire, or otherwise treat you unfairly because of pregnancy or a pregnancy-related reason. Pregnancy is a protected attribute, and the protection covers the entire period from when your employer becomes aware of your pregnancy through to your return from parental leave.
Finding out you may be on the receiving end of this is stressful, and the timing could not be harder. This guide sets out, in plain English, what pregnancy discrimination looks like, the practical steps to protect yourself, how these claims are proven, and the legal options available to you in Australia. It is general information rather than legal advice, so if any of it sounds like your situation, the best next step is a conversation with a specialist employment lawyer.
If you would prefer to talk it through now, call Fair Workplace Solutions on 1800 565 975 for a confidential consultation.
What pregnancy discrimination looks like
Pregnancy discrimination is not always obvious. It can be a single, blunt decision, or a slow drift in how you are treated after you share your news. Australian law recognises two forms:
Direct discrimination is being treated less favourably than others because of your pregnancy. For example, being passed over for a promotion you were in line for, or being told the team “cannot manage” with you pregnant.
Indirect discrimination is a workplace rule or requirement that looks neutral but unfairly disadvantages pregnant employees and is not reasonable. For example, a blanket policy that everyone must work on-site full time, applied in a way that ignores a genuine, short-term medical need.
This is more common than many people realise. In a national review by the Australian Human Rights Commission, one in five (18%) mothers said they were made redundant, restructured, dismissed, or had their contract not renewed during pregnancy, parental leave, or on their return to work.
Common scenarios we see include:
- Being made redundant, or selected for redundancy, where your pregnancy was a factor in the decision
- A demotion, pay cut, or loss of key clients or responsibilities after your announcement
- A sudden, unexplained drop in performance reviews once your pregnancy became known
- Being refused a transfer to a safe job when your role poses a risk during pregnancy
- Having your hours or shifts cut because you are pregnant
- Being refused flexible arrangements that colleagues with other temporary needs were granted
- Comments, jokes, or pressure about your pregnancy, leave plans, or commitment to the role
- Not being allowed to return to your pre-leave position after parental leave
If you are being pushed toward resigning because the treatment has become intolerable, that can amount to constructive dismissal, which carries its own protections.
What to do if you think you are being discriminated against
Taking structured steps early protects your position and builds a clear record. The actions below are about evidence and clarity, not confrontation.
Step 1: Check your workplace policies. Review your contract, the employee handbook, and any policy on pregnancy, parental leave, flexible work, and grievances. Note who the right contact is and what process applies.
Step 2: Put things in writing. Where you can, move important conversations into writing. A short, factual email confirming what was discussed creates a record that is hard to dispute later.
Step 3: Raise it through the proper channel. If an informal conversation does not resolve things, lodge a formal grievance or complaint in writing, and keep a copy of everything you send.
Two templates you can adapt are below.
Template 1: Notifying your employer and requesting adjustments
Subject: Pregnancy notification and request for workplace adjustments, [Your Name]
Dear [Manager Name] and [HR Contact],
I am writing to formally let you know that I am pregnant, with an expected due date of [date]. I am committed to continuing in my role as [job title], and I would like to discuss some reasonable adjustments to support a safe and healthy pregnancy:
- [Adjustment 1, for example, reduced manual handling of heavy items]
- [Adjustment 2, for example, flexibility to attend prenatal appointments]
- [Adjustment 3, for example, short, regular rest breaks]
My doctor has recommended these adjustments, and I have attached the supporting medical certificate. If my current duties cannot be performed safely, I would like to discuss a transfer to a safe job. I am happy to meet this week to work out the practical details.
Kind regards,
[Your Name], [Department], [Phone]
Template 2: Documenting a difficult conversation
Subject: Summary of our discussion on [date], [Your Name]
Dear [Manager Name],
I am writing to summarise our conversation today at [time] about [topic, for example, my pregnancy announcement or attendance at medical appointments].
During our discussion, you said that [describe what was said as factually as possible, for example, “taking time off for appointments would affect my performance review”]. I wanted to confirm my understanding in writing and to note that I remain fully committed to my role and would like my performance assessed on the quality of my work.
If you see this summary differently, please let me know in writing within two business days.
Kind regards,
[Your Name], [Job Title]
Protect your records. Keep your notes, emails, and documents somewhere you control, such as a personal email folder or a notebook kept at home. Do not store your only copy on a work computer or work phone. If your employment ends unexpectedly, you can lose access to those systems immediately.
Proving pregnancy discrimination
To make a claim, the link between your pregnancy and the unfair treatment needs to be shown. The good news for employees is that Australian law gives you a significant advantage here.
The reverse onus advantage
In a general protections claim under the Fair Work Act, you do not have to prove the employer’s motive outright. Once you show that adverse action was taken (for example, a dismissal, demotion, or cut to your hours) and that pregnancy was involved, the law presumes the action was taken for that unlawful reason unless the employer can prove it was not. This “reverse onus” puts the burden on the employer to explain themselves, which is a real shift in your favour. You can read more about how this works on our pages on adverse action and the reverse onus of proof.
Keep a clear incident log
Record each relevant event factually, without emotional language. A simple structure works best:
| Date and time | Where or how | Who was present | What happened or was said | Supporting file |
|---|---|---|---|---|
| 12/10/2026, 9:30am | Manager’s office | You, [Manager] | [Manager] said my pregnancy made rostering too hard and my accounts would be reassigned | Note saved 12 Oct |
| 15/10/2026, 2:00pm | [Manager], HR | Appointment leave refused despite policy allowing it | Email saved |
What makes strong evidence
- Performance reviews from before and after your announcement, especially any sudden, unexplained drop
- Emails or messages that directly mention your pregnancy, your leave, or your absences
- Evidence of how colleagues with other temporary needs were treated more favourably
- A record of any change to your duties, hours, pay, or reporting line after your announcement
A few cautions. Do not take confidential company files, client databases, or proprietary documents, as that can breach your obligations and damage your position. Be careful about secretly recording conversations: surveillance and listening device laws differ across Australian states and territories, and recording without consent can be unlawful. Writing detailed notes straight after a conversation is the safer approach.
A quick self-check
This is a simple way to think through your situation. It is general guidance only, not a legal assessment, but the more of these that apply to you, the stronger the case for getting advice.
Has something concrete changed at work? A dismissal, demotion, pay cut, loss of responsibilities, or a poor review that landed after you shared your pregnancy is a clear warning sign. A change in someone’s attitude, with no change to your role or pay, is harder to act on but still worth noting.
Is there a link to your pregnancy? A close timing between your announcement and the unfair treatment, or a manager mentioning your pregnancy or upcoming leave, points toward a connection. If the issue was genuinely documented before your pregnancy, the picture is more complicated.
Are you being treated differently to others? If colleagues with similar performance, or non-pregnant staff with temporary medical needs, are treated more favourably than you, that contrast matters. A company-wide change affecting everyone equally is a different situation.
If the first answer in each pair sounds like you, it is worth speaking to an employment lawyer sooner rather than later, because strict time limits apply.
Your legal options and remedies
There is usually more than one path, and the right one depends on your goal, your evidence, and how much time has passed.
| Pathway | What it is | Best for |
|---|---|---|
| Internal grievance | Raising a formal complaint through your employer’s process | Early issues, or where you want to keep your job and resolve things quickly |
| Fair Work Commission, general protections | A claim that adverse action was taken because of pregnancy | Most pregnancy discrimination involving dismissal or treatment at work; conciliation happens early |
| Australian Human Rights Commission or state body | A complaint under the Sex Discrimination Act or state anti-discrimination law, resolved by conciliation | Discrimination not tied to a dismissal, or where you want a discrimination-specific process |
| Court | A claim in the Federal Court or Federal Circuit and Family Court if earlier steps do not resolve it | Strong evidence and significant loss, where formal proceedings are warranted |
Two things matter a great deal here. First, the time limits are short. If your pregnancy discrimination involves dismissal, you generally have only 21 days from the date your employment ended to lodge a general protections claim with the Fair Work Commission. Other pathways have their own limits. Acting quickly protects your options.
Second, you usually cannot run the same matter through every pathway at once, and choosing the right one from the start matters. Remedies can include reinstatement, compensation for what you have lost, and, in the case of general protections, compensation that is not capped the way it is for an ordinary unfair dismissal claim. Penalties can also apply to the employer. No lawyer can promise a particular outcome, but getting the pathway right early gives you the best chance.
If you have been dismissed or forced out, Fair Workplace Solutions runs eligible dismissal claims. For advice and other matters, we offer fixed-fee pricing so you know where you stand before you commit.
Key legal concepts explained
Pregnancy as a protected attribute. Under the Fair Work Act 2009 (Cth) and the Sex Discrimination Act 1984 (Cth), pregnancy, potential pregnancy, and breastfeeding are protected. An employer cannot lawfully take adverse action, or discriminate, because of them.
The protected window. Your protection is not limited to the day you announce your pregnancy. It runs from when your employer becomes aware, through your pregnancy and parental leave, and extends to your return to work. Being denied your old role on return can itself be unlawful.
Safe job provisions. If your role poses a risk during pregnancy, you are generally entitled to be moved to a safe job on the same pay. If no safe job is available, you may be entitled to take leave. Refusing this without a proper basis can be a breach.
Right to return. After parental leave, you are generally entitled to return to the position you held before you left, or a comparable one. Being returned to a lesser role is a common, and often unlawful, form of pregnancy discrimination.
Direct versus indirect discrimination. Direct discrimination is being treated less favourably because of pregnancy. Indirect discrimination is a seemingly neutral requirement that disadvantages pregnant employees without good reason. Both are unlawful.
Talk to a specialist before the clock runs out
Pregnancy discrimination sits at the intersection of the Fair Work Act, anti-discrimination law, and your parental leave entitlements, and the short time limits leave little room to wait and see. Fair Workplace Solutions specialises exclusively in employment law and advises both employees and employers, so we understand exactly how these claims are run and defended. You deal directly with a qualified employment lawyer, not an HR adviser or a middleman.
If you think you may be experiencing pregnancy discrimination, get clear, practical advice on where you stand.
Call us now on 1800 565 975, or book a consultation today.
This article is general information only and does not constitute legal advice. Employment laws and time limits vary depending on your circumstances and your state or territory. Please seek advice tailored to your individual situation.