Pregnancy discrimination: What NZ employers need to know

As a New Zealand employer, ensuring that your workplace practices comply with anti-discrimination laws related to pregnancy helps you create a supportive environment while avoiding potential legal issues.

The 2024 Australian National Review into work-related discrimination, disadvantage, and bias among pregnant and parent workers revealed alarming statistics:

• 89% experienced discrimination while pregnant at work

• 85% during parental leave

• 92% during their return-to-work phase

While comparable New Zealand statistics aren't currently available, these figures highlight the prevalence of the issue in a similar workplace culture and legal environment.

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What the law says about pregnancy discrimination

The legal framework protecting pregnant employees in New Zealand is robust:

• The Human Rights Act 1993 explicitly prohibits discrimination on the grounds of sex, which includes pregnancy and childbirth

• This protection extends to employees who employers think might become pregnant

• The Act also makes discrimination based on family status unlawful, including responsibilities related to childcare

• The Parental Leave and Employment Protection Act 1987 specifically prohibits employers from terminating employment due to pregnancy or an employee's intention to take parental leave

What constitutes pregnancy discrimination?

Pregnancy discrimination can take various forms, including:

• Refusing to hire someone because they are pregnant or might become pregnant

• Denying training or promotion opportunities to pregnant employees

• Changing job conditions unfavourably after learning of an employee's pregnancy

• Making assumptions about a pregnant employee's capabilities or commitment

• Terminating employment because an employee is pregnant or plans to take parental leave

Best practices for avoiding pregnancy discrimination

To ensure your workplace practices comply with anti-discrimination laws:

• Create clear, written policies that specifically address pregnancy and parental leave

• Train managers and HR staff on pregnancy discrimination laws and appropriate responses to pregnancy announcements

• Assess workplace accommodations objectively based on medical advice rather than assumptions

• Document all employment decisions with clear, performance-based reasoning

• Maintain confidentiality around pregnancy information

• Consult with employment law specialists when uncertain about specific situations

Common pitfalls for employers

Even well-intentioned employers can make mistakes that might constitute discrimination:

• Making decisions "for the benefit" of pregnant employees without consultation

• Restructuring positions while employees are on parental leave without proper process

• Asking about family planning during interviews or performance reviews

• Changing performance expectations without clear business justification

• Failing to address negative comments or treatment from colleagues

Consequences of non-compliance

Employers who discriminate against pregnant employees may face:

• Complaints to the Human Rights Commission

• Personal grievance claims through the Employment Relations Authority

• Significant financial penalties and compensation awards

• Damage to company reputation and employee morale

• Difficulty attracting and retaining talent

Discrimination affects fathers and partners too

While discussions about pregnancy and parental leave discrimination often focus on mothers, it's important to recognise that fathers and partners can also experience discrimination when exercising their parental rights:

• Fathers and partners may face negative attitudes when requesting parental leave

• They might experience career penalties for taking extended leave for family responsibilities

• Some workplace cultures implicitly discourage men from taking their full parental leave entitlements

• Partners may encounter assumptions that their careers should take priority over childcare responsibilities

• They may face criticism or judgment for prioritising family over work commitments

The Human Rights Act protections against family status discrimination apply equally to all parents and caregivers, regardless of gender. Creating truly inclusive workplaces means supporting all employees in balancing their work and family responsibilities without penalty or prejudice.

How Crayon can help

At Crayon, we specialise in helping New Zealand employers develop parental leave policies and processes that support both their business needs and their legal responsibilities.

Book a free policy review to chat with us about optimising your parental leave processes and ensuring they meet all legal requirements while supporting your business objectives.

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Now for the important legal part: This article provides general information only and should not be relied upon as legal advice. For specific guidance related to your organisation's circumstances, please consult with a qualified employment law professional. The information in this article is current as at 11 April 2025.

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Stephanie Pow

Founder & CEO of Crayon

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