Pregnancy and family-related discrimination remain significant challenges in Australian workplaces, according to a new report released by the Australian Human Rights Commission. The report, titled Balancing Act: Supporting Working Parents and Carers, identifies a gap between the legal protections available to employees and the experiences of people who are pregnant, taking parental leave or caring for family members. It calls for changes to workplace laws and practices to help ensure that workers can maintain their careers while meeting family responsibilities.

The report comes amid renewed national discussion about employment equality and the difficulties some women face after announcing a pregnancy. Workers who shared their experiences described losing shifts, missing out on promotions, being dismissed or facing changes to their responsibilities after disclosing a pregnancy or returning from parental leave.

One recurring concern is the use of what advocates describe as “sham redundancies”. In these situations, an employee may be told that their position has been removed, while similar duties continue to be performed or the role appears to remain available. Such circumstances can raise questions about whether a redundancy is genuine or whether pregnancy or caring responsibilities have influenced an employer’s decision.

The commission also identified cases in which employees returned from parental leave to find that their duties had been reduced or their previous responsibilities had been reassigned. Some workers reported difficulties obtaining flexible working arrangements, including requests to adjust hours or work remotely to manage childcare and other family commitments. These problems can affect career progression, financial security and confidence in returning to employment.

The review involved consultation with 84 stakeholders, including employers, unions, lawyers, academics and community advocates. Its findings suggest that discrimination can affect workers across different industries and professional levels. The impact may be greater for people who already face barriers in the workplace, including First Nations people, migrant workers, people from racially marginalised communities, people with disabilities and LGBTQI+ workers.

Sex Discrimination Commissioner Anna Cody has called for stronger protections and changes to the way employers respond to pregnancy and caring responsibilities. Among the recommendations is a shift towards treating flexible work as the normal starting point, unless an employer can demonstrate a valid reason why a particular arrangement is not workable.

The commission has also recommended changes concerning parental leave eligibility and employment decisions made during or immediately after leave. Other proposals include stronger legal protections against indirect discrimination based on family responsibilities, improved access to justice and more meaningful consequences for employers who breach workplace obligations. The report sets out 18 areas for reform.

Another issue is the reluctance of some workers to make formal complaints. Employees may worry about losing their jobs, damaging professional relationships or facing lengthy and expensive legal proceedings. Workers in casual or insecure employment may feel especially vulnerable because they depend on regular shifts and continued access to work.

The report places responsibility on employers to establish workplace cultures where pregnancy and caring duties are treated as normal aspects of life rather than inconveniences. Clear policies, appropriate consultation, fair redundancy procedures and accessible complaint systems can help organisations identify and address potential discrimination.

For employees, the findings highlight the importance of understanding workplace rights, keeping records of relevant communications and seeking advice when employment decisions appear unfair. The appropriate options will depend on the circumstances of each case.

The federal government has not committed to implementing every recommendation. The next stage will involve considering the proposed reforms and determining whether changes to existing legislation are needed.

The report adds to the national debate about how Australia can support working parents, improve gender equality and ensure that becoming a parent does not unnecessarily jeopardise a person’s livelihood.

What happens next: Attention will focus on the federal government’s response and whether the recommendations lead to stronger legal protections for pregnant workers, parents and carers.