PREGNANCY - CASE STUDIES

The following case studies are based on matters which have been received by the Anti-Discrimination Commission Queensland. They are provided as a guide to the range of outcomes which can be achieved, and kinds of issues raised.

Pregnancy in work

A woman engaged to work on a temporary contract (six months)knew she was pregnant when she was employed and did not disclose the fact to the potential employer as the baby was not due until one month after the contract would be completed. She was of the view that she would be able to fulfil the job requirements during the contract term. The woman hoped that the employer would recognise her good work and would want to retain her as an employee after the contract ended as she only planned to have 12 weeks away from work when the baby was born.
At the conference the company advised that it had a practice of keeping employees after the expiration of a contract where it is possible and suitable to both sides.

Approximately six weeks after commencing work the woman advised the employer that she was pregnant. A manager advised the woman that he was disappointed that she had not ’come clean’ at the job interview and that he wished she had told him up front. The woman claimed her supervisor then began treating her poorly. She felt forced to resign (four weeks before the end of the contract period) by pressure put on her by the supervisor about when she was going to leave. The woman rejoined the workforce in a similar role with a different company when the baby was 12 weeks old. At the conference the supervisor said he had enquired about when the woman was going to finish working and had suggested she should discuss it with her husband as he had concerns for her and the baby’s health.

The complaint resolved with the company paying compensation to the woman.

Pregnancy Discrimination and Victimisation at Work

A woman complained to the Commission that after informing her employer she was pregnant, her supervisor made numerous comments suggesting she would need to finish work. Suggestions were also made that her position would not be available after her baby’s birth due to restructuring. The supervisor had placed documents in the woman’s "In tray", amongst other paper work, which related to maternity leave and how to terminate an employee. On finding these documents she took them to her solicitor who in turn wrote to the employer advising that a complaint would be lodged with the Commission. The employer, on receiving the solicitor’s letter stood her down on full pay, pending an investigation, alleging the woman removed confidential documents from his office. Her solicitor then lodged a complaint of victimisation and discrimination on the ground of pregnancy with the Commission.

All parties agreed to informal conciliation by the Commission with a view to avoiding the formal complaint process. At conciliation she was offered reinstatement, but because of the dispute the woman felt the future working environment would not be tolerable. The employer agreed to accept her resignation and pay all associated entitlements. The employer also agreed to pay her legal costs regarding the dispute, provide a reference and pay $3,500 for the distress, pain and suffering she experienced.

Pregnancy Discrimination

The complainant alleged that her employer, a financial institution, had discriminated against her on the ground of pregnancy. It was alleged that on return to full time work, the complainant’s position was not made available and the position had been advertised and filled. There had been two conferences held through the Industrial Relations Commission without success. Following the negotiation about who would attend the ADCQ Conference on the day, some positive discussions were held about the details and prior negotiations relating to the complaint. Post conference negotiations resulted in agreement that the complainant be made redundant with a payout of $15,958. In addition, it was agreed that a current Workers Compensation claim by the complainant would not form part of the agreement and would be dealt with in the normal manner.

This information is intended as a guide only. It is not a substitute for legal advice. For more information contact the Commission on 1300 130 670 statewide or Teletypewriter 1300 130 680 statewide.