Pregnancy and Breastfeeding Discrimination

It is designed to help you identify your rights and to take the most appropriate action if you believe you have been discriminated against in employment because of your pregnancy or breastfeeding status.

When are employees protected against pregnancy and breastfeeding discrimination?

Federal and state anti-discrimination laws make it unlawful to discriminate against a person because of their pregnancy and breastfeeding status in the area of employment, which covers employees and independent contractors. They protect workers from discrimination at all stages of employment, including:

• before employment, including how positions are advertised, how interviews are conducted, whether employment is offered and on what terms;
• during employment, including being given less favourable terms or conditions of employment, being demoted, denied training opportunities, promotion, transfers, performance pay or other employment-related benefits; and
• at the end of employment, including being selected for redundancy or dismissed.

What action can I take?

If you have been dismissed from your job or other discriminatory conduct has occurred because of your pregnancy or breastfeeding status, you may be able to make a state or federal discrimination complaint.

The process for lodging a complaint in each jurisdiction is set out in the attached Fact Sheet, which we recommend you download.

For further support

Call our Telephone Information Service on Melbourne Metro (03) 9662 1933 or Regional Victoria, Queensland and Tasmania on 1800 331 617.