Pregnancy discrimination calls double over three years

New JobWatch data reveals significant increases in pregnancy, parental and carer-related workplace discrimination enquiries across Victoria, Queensland and Tasmania. JobWatch previously contributed data to Monash University’s 2022 publication 'Understanding Pregnancy Discrimination', which identified the issue as a widespread national problem.

December 12, 2025

 JobWatch data: calls are increasing across all categories

• Pregnancy & breastfeeding discrimination: doubled. Calls rose from single-digit monthly counts in 2022 to sustained double-digit levels throughout 2024–2025.
• Parental care discrimination: consistent year-on-year increases. Both frequency and peaks are rising, indicating ongoing challenges for parents navigating workplace expectations.
• Family responsibilities discrimination: volatile but trending upward. This category includes caring for children, elderly parents, partners or family members, and spikes have become larger and more frequent.
• Total discrimination calls more than doubled over the three-year period.

“These numbers indicate that pregnant workers, new parents and carers continue to experience discrimination issues despite legal protections under the Sex Discrimination Act, Fair Work Act, state and territory anti-discrimination laws,” said Zana Bytheway, Executive Director, JobWatch.

Time limits remain a barrier to justice

The current 12-month time limit for lodging discrimination complaints in VCAT under the Victorian Equal Opportunity Act 2010 creates practical barriers for new parents, who are recovering, caring for a newborn and navigating major life changes. Many do not have the capacity to recognise discrimination, seek advice or lodge a complaint in such a short window.

“Short complaint timeframes don’t reflect the realities of early parenting. Expecting people to pursue a legal complaint while managing birth recovery, caring responsibilities and job insecurity is unrealistic,” said Zana.

JobWatch is calling for the complaint time limit to be extended to 24 months, bringing Victoria into line with the federal timeframe and improving access to justice.

What rights do pregnant workers, parents and carers have?

Under federal,  state and territory  laws, pregnant workers, parents and carers have rights including:

• safe job transfers and reasonable accommodations
• parental leave and return-to-work protections
• flexible working arrangements
• protection from adverse action
• protection from discrimination linked to pregnancy or caring status

What is pregnancy discrimination at work?

Pregnancy discrimination in employment occurs when an employer treats (or proposes to treat) a worker unfavourably because they are responsibilities, meaning these discrimination issues disproportionately affect them.

This may include:

• reduced hours or loss of shifts
• being overlooked for shifts, duties, training or promotions
• denial of reasonable adjustments or flexibility
• negative treatment after disclosing pregnancy or returning from parental leave

Where to get information or help

Workers can contact our free and confidential Telephone Information Service for information about their workplace rights, or access our fact sheet

Case study: How we helped Alina

Alina is a graphic artist who had been working with her employer for eight years. In late 2023, Alina took a period of unpaid parental leave. She planned to return to work in late 2024.

During Alina’s period of parental leave, she noticed that a job advertisement was posted on SEEK with a position description very similar to hers. She contacted her employer to ask about this but was told not to worry and that her job was safe. A month prior to her scheduled return to work, Alina made a formal request for flexible working arrangements, proposing to temporarily work four days per week for six months following her return to work. Approximately two weeks later, her employer invited her to a meeting where her request was rejected. Her employer maintained that they could not accommodate her request on business grounds and she was expected to return on a full-time basis.

Alina contacted JobWatch and was taken on as a client. JobWatch liaised with Alina’s employer reminding them of their obligations pursuant to the Fair Work Act 2009 (Cth) and state and federal anti-discrimination legislation. JobWatch indicated that if the parties were unable to reach a compromise, JobWatch would raise a formal dispute with the Fair Work Commission, citing an unreasonable refusal to grant flexible working arrangements. Following formal negotiation, the parties agreed to an amicable separation. Alina received a sum of compensation as well as all accrued employment entitlements.

Recent case:

Amazon worker sacked by text after pregnancy wins job back

A Fair Work decision reinstated a warehouse worker and was awarded compensation after she was dismissed following a pregnancy-related disclosure. Cases like this illustrate the impact of employers failing to meet their obligations.

About JobWatch

JobWatch is Victoria’s leading employment rights community legal centre, with more than 45 years of experience assisting vulnerable workers and advocating for systemic reform. Each year, JobWatch provides more than 13,000 worker assistances across Victoria, Queensland and Tasmania.