- firing an employee
- injuring the employee, eg. not giving an employee access to legal entitlements such as leave
- changing an employee's job to their disadvantage
- treating an employee differently to others
I'm expecting · 15 January 2020
“Since I told work I’m pregnant I’ve been treated differently”
Many people feel as though they are treated differently at work when they are pregnant. It could be that your colleagues are getting used to the change, you are being more sensitive, or it could be that there is a genuine case of discrimination at play. Career expert Shannon Lyndon-Lugg looks at how to spot workplace discrimination and what to do about it.
At 12 weeks pregnant, Sarah excitedly shared her news to work colleagues about being pregnant, and at 16 weeks along she had started to show. Her peers were booked into a training program, and her boss told her that she didn’t need to attend because she’d be going on parental leave soon. Sarah felt really uncomfortable about the decision. The training was something she believed would add to her skill set, and something she could use before and after her leave.
Depending on the circumstances, this could be discrimination because Sarah was treated differently to her colleagues—quite possibly because she was pregnant.
The Fair Work Commission has a useful website with information to help navigate these (and many other) circumstances. They tell us that discrimination occurs in the workplace when an employer takes “adverse action” against an employee because of a “protected attribute.”
Put simply, ‘protected attributes’ are elements that are legally protected, including but not limited to marital status, family or carer responsibilities, breastfeeding and pregnancy.
‘Adverse action’ is a fancy term which includes doing, or threatening to do, any of the following: