One of the most concerning issues pregnant employees may face is pregnancy discrimination.
In New Zealand, pregnancy discrimination is illegal, and employees are protected from unfair treatment because of pregnancy and childbirth. However, not all employees are aware of their rights or protections.
If you are pregnant or planning a pregnancy, it’s essential to understand what pregnancy discrimination is, how it can manifest in the workplace, and what steps you can take if you feel you are being treated unfairly.
What is Pregnancy Discrimination?
Pregnancy discrimination occurs when an employee is treated unfairly or disadvantaged due to their pregnancy, childbirth, or any adjacent medical conditions. This can include actions taken by employers or colleagues that result in less favourable treatment based on the employee’s pregnancy status.
Under the Human Rights Act 1993 and the Employment Relations Act 2000, pregnant employees are entitled to the same treatment as any other employee.
Discriminating against someone because they are pregnant is illegal, and pregnant employees are entitled to the same rights as non-pregnant employees, as well as returning to their job after childbirth.
Forms of Pregnancy Discrimination
Pregnancy discrimination can manifest in various forms. Here are some examples of how pregnant employees may face discrimination in the workplace:
1. Unfair Dismissal or Retaliation
One of the most blatant forms of pregnancy discrimination is dismissal due to pregnancy.
If an employee is fired or forced to resign because they are pregnant, this is illegal. The dismissal could be framed as a ‘performance issue’ or other reason, but if the real cause is pregnancy, this could constitute unfair dismissal.
Similarly, if an employer retaliates against an employee for informing them of a pregnancy (e.g., reducing work hours, shifting them to less desirable tasks, or bullying them), this is considered discrimination.
2. Failure to Provide Pregnancy-Related Leave
Pregnant employees are entitled to paid parental leave, as well as sick leave if required during pregnancy. Employers must also allow for appropriate adjustments to an employee’s duties during pregnancy, especially if the job involves physical labour or other risks to the employee’s health.
If an employer refuses to allow a pregnant employee to take maternity or parental leave, or if they deny reasonable adjustments to a pregnant employee’s duties or working hours, this is a form of discrimination.
3. Reduction in Opportunities or Responsibilities
Pregnant employees should not be penalised by being sidelined from work opportunities, promotions, or important tasks due to their pregnancy. This can include training, career development opportunities, or the chance to work on projects.
Additionally, if an employee is unjustly reassigned to less important or less demanding tasks because of their pregnancy, this could be seen as an attempt to undermine their role.
4. Harassment or Hostile Work Environment
Pregnant employees should not be subjected to harassment, unwanted comments, or a hostile work environment because of their pregnancy. This could include negative comments or insults regarding the pregnancy, mocking, or any verbal or physical mistreatment that creates an uncomfortable or unsafe atmosphere.
Employers are responsible for ensuring that all employees, including those who are pregnant, work in an environment free of harassment.
5. Denial of Health and Safety Protections
Pregnant employees are entitled to a safe work environment. Employers are required to make adjustments if the work environment or duties pose a risk to the health and safety of a pregnant employee or her unborn child.
This could include providing more frequent breaks, adjusting work duties, or allowing the employee to work from home if appropriate. If an employer fails to accommodate the employee’s needs in the workplace, this may be considered discrimination.
What should you do if you face Pregnancy Discrimination?
If you believe you are being discriminated against due to your pregnancy, there are several steps you can take to protect your rights:
1. Talk to Your Employer
If you believe you’re being treated unfairly due to pregnancy, explain your concerns, and give your employer an opportunity to address the situation. Sometimes, a misunderstanding or lack of awareness may be at the root of the issue, and a conversation can help resolve the matter.
2. Review Your Employment Rights
Review your employment contract, workplace policies, and your rights under the Employment Relations Act and Human Rights Act to make sure you fully understand your legal entitlements. This includes rights to parental leave, workplace adjustments, and protection against unfair dismissal. Your employment agreement is the basis for any actions you take moving forward.
3. Seek External Advice
If your employer is uncooperative or if the situation doesn’t improve, consider seeking advice from an employment relations specialist. They can provide guidance on how to handle the situation, and what further steps to take next.
4. File a Personal Grievance
If informal discussions don’t resolve the issue, you may have grounds to file a personal grievance for pregnancy discrimination. A personal grievance can be filed with your employer within 90 days of the incident (or 12 months for sexual harassment). If the grievance isn’t resolved through discussion or mediation, it can be taken to the Employment Relations Authority (ERA) for further action.
Conclusion
Pregnancy discrimination is illegal, and every employee is entitled to fair and equal treatment in the workplace, regardless of their pregnancy status. If you experience pregnancy discrimination, it’s important to understand your rights and take action to protect yourself.
Whether through open communication with your employer, seeking advice, or filing a personal grievance, there are avenues available to address any unfair treatment, and ensure that your rights are upheld.
Mahi Law can Help!
Experiencing discrimination at work?
We’ll help you understand your rights, and pursue resolution (including compensation) through various channels, such as: Without prejudice negotiations, mediation, the Employment Relations Authority, or Employment Court if required.
We also work on a no-win, no-fee basis – if we win your case, your employer covers the costs.
Get in touch for a free consultation! You can fill out this form – or contact us at admin@mahilaw.nz, or 0800 450 032.
Follow us for more tips and insights → Instagram | LinkedIn | Facebook | TikTok
