Pregnancy Discrimination at Work: Australian Human Rights Report 2026

Pregnancy discrimination in Australian workplaces remains a significant barrier to gender equality, according to a new report by the Australian Human Rights Commission. The report, titled Balancing Act, reveals that women are being forced out of employment through “sham redundancies”, losing shifts, and facing hostile work environments after having a baby.

The Commission’s findings highlight that parental discrimination is more prominent for vulnerable groups, including immigrant and First Nations women, people with disability, and LGBTQ+ people. The report is based on roundtables with dozens of parents, legal and community advocates.

What the report found: pregnancy discrimination in the workplace

The Balancing Act report details case studies that illustrate the extent of pregnancy discrimination. In one case, Luisa*, an experienced HR manager in the healthcare industry, was made redundant just one month after telling her employer she was pregnant.

According to the report, “Her employer questioned who would support Luisa after the baby was born, because her family lived overseas.” Luisa explained that her husband would take parental leave and that she planned to return to work soon after the birth. She even offered to continue working part-time, but the redundancy went ahead.

This case exemplifies the “sham redundancies” the report warns about—where employers use restructuring as a cover for discriminatory practices. The Commission also heard about women losing shifts, being demoted, or facing hostility upon returning from maternity leave.

Why it matters: the impact on gender equality

Sex Discrimination Commissioner Anna Cody said urgent law reform is needed to the Sex Discrimination Act to protect women and families, arguing legislation has not kept pace with a changing society. She emphasised that pregnancy discrimination undermines gender equality and economic security for women.

The report suggests that without stronger protections, women will continue to face barriers to workforce participation and career advancement. This not only affects individual families but also the broader economy, as it reduces productivity and perpetuates the gender pay gap.

Who is affected: vulnerable groups face greater risk

The Commission’s report highlights that pregnancy discrimination disproportionately affects vulnerable groups. Immigrant and First Nations women, people with disability, and LGBTQ+ people are more likely to experience discrimination and have less access to support.

These groups often face intersecting forms of discrimination, making it harder to seek redress. The report calls for targeted measures to address these disparities and ensure all women have equal protection under the law.

What needs to change: law reform and employer accountability

The Australian Human Rights Commission is calling for urgent reform to the Sex Discrimination Act. Commissioner Cody argues that the Act must be strengthened to explicitly prohibit discrimination on the basis of pregnancy and family responsibilities.

Additionally, the report recommends that employers be held accountable for discriminatory practices, including through increased penalties and better enforcement mechanisms. It also suggests that awareness campaigns and education for employers are needed to change workplace culture.

Key takeaways from the report

• Pregnancy discrimination remains prevalent in Australian workplaces, often manifesting as sham redundancies or hostile environments.
• Vulnerable groups, including immigrant and First Nations women, people with disability, and LGBTQ+ people, are at higher risk.
• The Sex Discrimination Act needs urgent reform to protect women and families effectively.
• Employers must be held accountable for discriminatory practices through stronger enforcement and penalties.
• Cultural change and education are essential to combat pregnancy discrimination.

How Australia compares: parental discrimination protections

Australia’s protections against pregnancy discrimination lag behind some other developed countries. The table below compares key aspects of parental discrimination laws in Australia with those in the UK and Canada.

What to watch next

The report’s release puts pressure on the government to act on the Commission’s recommendations. Advocates are calling for the Sex Discrimination Act to be amended within the current parliamentary term.

Meanwhile, employers are being urged to review their policies and practices to ensure they are not inadvertently discriminating against pregnant employees or those with family responsibilities. The Commission will continue to monitor the situation and may publish further guidance. The background to this story is set out in EEOC Votes to End Workplace Discrimination Data Collection. A related thread runs through EEOC Votes to Stop Measuring Workplace Discrimination – Key.

For those affected, the report serves as a reminder that they are not alone and that there are avenues for redress. Legal and community advocates can provide support and advice. Earlier coverage in Human Rights Groups Sue Over ICC Sanctions Impact shows how the argument developed. A closer look at the same subject appears in EEOC Data Collection Cuts Threaten Workplace Discrimination.

FAQ

As the national conversation on workplace equality evolves, it’s important to understand the broader context of discrimination in Australia. For instance, cases of domestic violence against pregnant women highlight the vulnerabilities expectant mothers face. Similarly, tragic incidents in the outback underscore the need for robust protections. On a global scale, maternity disclosures of domestic abuse in England show how healthcare settings can be crucial for support. In the corporate world, EEOC findings against Cisco for a hostile work environment demonstrate that discrimination is a cross-border issue. These examples remind us that protecting the rights of women and families requires vigilance across all sectors.