They did what?! Strategies for parents to tackle pregnancy discrimination in the workplace
Fairness is a fundamental value we aim to instil in our children, and many want to see it reflected in the world around us. However, recent findings shed light on persistent discrimination faced by pregnant employees in the workplace. Despite legal protections in both Australia and New Zealand, the reality for many expectant mothers remains troubling. So what can you do as a parent?
The "National Review into Work Conditions & Discrimination among Pregnant & Parent Workers in Australia," conducted by the University of South Australia, highlights alarming statistics:
89% of respondents encountered discrimination while pregnant at work
85% faced discrimination during parental leave
92% of respondents experienced discrimination during their return-to-work phase
These figures paint a stark picture of the challenges pregnant and parent employees continue to endure.
That's why we invited Erica Hatfield from Hummingbird Careers to offer practical strategies for individuals navigating these challenging situations. Drawing from real-life examples Erica has encountered with her clients, she’s identified common instances of pregnancy discrimination and potential ways employees can address them.
Note: Crayon’s report "Parental Leave: A Kiwi Experience" uncovered obstacles faced by partners in the workplace. While this article primarily addresses pregnancy discrimination, we acknowledge the broader issue of partner experiences, which we'll explore separately in a future report.
Set clear expectations with your employer early on
Example 1: You find yourself suddenly excluded
“Once my manager found out I was pregnant, I was no longer invited to a regular strategic planning meeting because I wouldn't be there to implement any of it - even though I had a valuable perspective to bring to the table.”
“I was left out of after-work events with colleagues and important clients because I couldn’t drink alcohol anymore!”
Aside from feeling left out, this behaviour can also stymie career progression.
Tactic: Proactively set clear expectations early on - preferably before a contentious issue arises and emotions get involved. For example, when you let your manager or team know about your pregnancy, also make it known that:
You still want to be included and involved in everything as per usual, and
If any changes in your health would impact your work, you'll let them know what adjustments need to be made.
Get the plan for when you’re on parental leave in writing
Example 2: You no longer have the same role to return to
“My backfill was recruited before I went on parental leave - but given a permanent contract, even though I had a legal right to return to my substantive role under Australian law. I was told they would find something suitable for me upon my return…”
“My direct report was taken away from my role while I was on parental leave but I only found out about it upon my return to work.”
Note: in New Zealand, employees on parental leave have the right to return to their role unless it’s deemed a key position. The employer must prove your role is a key position and advise you of this in your parental leave confirmation letter.
Tactic: Ensure you know the plans for handling your absence. Seek clarity and document any agreement you make with your manager in writing (which is especially helpful if your manager changes while you’re on parental leave).
Set expectations with your manager for communication on parental leave
Example 3: Not consulted about significant changes made to your role while you’re on parental leave
“It was a case of out of sight, out of mind. I wasn’t informed of big workplace changes and had to find out via friends at work.”
“My employer decided not to backfill my role. Instead, they divided up my responsibilities around the team. It turns out that taking parental leave triggered a review of my role, and when I returned to work, I wasn’t given back the most exciting part of my job.”
Tactic: Let your manager know you'd like to be across anything that impacts your role or team when it happens while you’re on parental leave. This is especially important if there is a lot of uncertainty in your workplace.
Be clear on the type of contact that would work best for you (e.g., updates to your personal email, SMS, or a phone call) and set expectations by letting your manager know you appreciate the updates but may be slow to respond due to life with a newborn.
Managers can make assumptions about what a returning parent wants, so to avoid people making assumptions for you, you may also wish to be clear about your commitment to your role and your career goals.
Be proactive in sharing your experience with your employer
Overarching tactic: address discrimination promptly
If you experience any of the above (or something else entirely), then consider raising the issue constructively with the person at the organisation you're most comfortable telling, which might be your manager or HR.
Discuss the issue, give them the benefit of the doubt and ask curiously about their motivations. This helps to facilitate a more open discussion.
Share the impact their actions had on you and how you'd like to move forward. Sometimes, people do things from a place of good intent, such as trying to help make things easier for you, so it's good to talk it out so they won't make the same assumptions in future.
These tactics are by no means foolproof. Systemic and attitudinal changes must occur so everyone feels valued and respected. However, we hope that by implementing these proactive strategies, you can better advocate for fair treatment in the workplace.
Pregnancy dicrimination in the workplace resources
Here are some additional resources should you be faced with discrimination in the workplace:
New Zealand
Australia
Now for the important legal part: Investing involves risk. You aren’t guaranteed to make money, and you might lose the money you start with. The information we provide is general and not regulated financial advice for the purposes of the Financial Markets Conduct Act 2013. Please seek independent legal, financial, tax or other advice in considering whether the content in this article is appropriate for your goals, situation or needs. The information in this article is current as at 3 May 2024.
Erica Hatfield
Founder & CEO, Hummingbird Careers
Stephanie Pow
Founder & CEO of Crayon
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