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PREGNANCY AND BREASTFEEDINGWhat is discrimination on the basis of pregnancy or breastfeeding?This means that it is against the law to treat a woman unfairly because she is pregnant (or might be able to become pregnant), or because she is breastfeeding. Examples involving pregnancy and work issues might include - being asked questions at a job interview about whether you are thinking about becoming pregnant, constant references at work to your pregnancy, assumptions about what you can or can't do at work or problems in getting maternity leave. 
When is it against the law?Discrimination on the basis of pregnancy is unlawful in these areas:
Discrimination on the basis of breastfeeding is unlawful only in the area of goods and services. This means that a complaint could be made if a woman was treated unfairly because she chose to breastfeed in a shop, café, cinema or any other public place.
Are there different types of discrimination?Yes, there are. Direct discrimination is usually straightforward - a woman being sacked, for example, when she tells her employer she's pregnant. Indirect discrimination is defined as a condition or rule which appears to be fair because it treats everyone the same, but in fact, that rule or condition disadvantages pregnant women. An example of this might be a policy in a company for staff to wear a uniform. This seems neutral because the rule applies to everyone, however without a maternity uniform, it would be difficult for some pregnant women to comply. The rule or policy will not be discriminatory if it is reasonable in all the circumstances.
When isn't it against the law?Not all discrimination is against the law. The Act allows for exemptions which can be raised and argued by a person responding to a complaint. This means that while something might seem to be unfair to some people, it's not unlawful. It would not be unlawful, for example, to give seating priority on a bus to pregnant or breastfeeding women, even though some other people might miss out on a seat, and think this is unfair.
What can I do about it?Here are some things you can do:
How do I make a complaint?You need to put your complaint in writing, either a letter or in a complaint form from the Commission (or our website on www.adcq.qld.gov.au). We need details of:
You also need to keep in mind that:
What happens with a complaint?If the complaint falls within the coverage of the Act, it will be dealt with by a complaint handler, whose role is to help both sides settle the complaint. This often involves setting up a meeting so that people have the chance to discuss the issues involved, and to come to some agreement about them. If agreement is not reached, the complaint might be referred to the Anti-Discrimination Tribunal. The Tribunal will make a decision by looking at the evidence given to it at a public hearing.
What about the company?If the complaint about pregnancy discrimination involves work, it is likely that the company or employer will be involved. This is because the employer is obliged under the Act, to provide a workplace free of discrimination. This obligation is called vicarious liability, and means that employers can be held responsible for any acts of discrimination done by their workers. Employers, in defending themselves, can argue that they took reasonable steps to prevent the discrimination from happening. These steps might include running training sessions for staff, producing a policy about discrimination, and using a process for handling complaints if they arise. An employer or company can't avoid this liability simply because they weren't aware that the discrimination was happening.
What else do I need to know?
This information is intended as a guide only. It is not a substitute for legal advice. For more information contact the Commission on 1300 130 670 statewide or Teletypewriter 1300 130 680 statewide. |
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