Pregnancy Discrimination Research Paper
For example, an employer can decline to offer a position to a pregnant woman if it's "reasonably necessary" to protect the occupational health and safety of anyone (including the pregnant woman), according to Victoria's Equal Opportunity Act.
If you're concerned you are a target of pregnancy-related discrimination, "the first step is always to document everything," says Sandra Marks, general counsel at an employment and industrial firm.
When you're at the receiving end, it can be difficult to identify discrimination and to know how to react — but if you suspect you're a target, this expert-approved advice can help you take action.
Pregnancy discrimination can take a range of surprising and sometimes subtle forms, from negative attitudes ("It's not a good look for you to have that baby bump in a customer service role") to dismissal (sometimes disguised as a redundancy).
But pregnancy discrimination cases can be won, especially if you've kept detailed documentation of the discrimination."I wouldn't say to someone don't even bother trying to enforce your rights," says Mr Sivaraman.
If your job is terminated and you're not given written reasons for the termination, it's generally best to request the reasons in writing.
All these details can help you prove your case if you need it later.
The employer then "can't take action against you for exercising your right" to file a complaint, because that would be victimisation or adverse action.
If you decide to get a lawyer and pursue your claim in court, make sure you've gone through a conciliation process — for example, at the Fair Work Commission or Australian Human Rights Commission — first, unless it's an urgent injunction you're seeking.