Pregnancy

What is pregnancy discrimination?

Pregnancy discrimination happens when someone is treated unfairly because they are pregnant.

This includes someone who:

is pregnant, or
has been pregnant.

It includes discrimination on the basis of a characteristic associated with pregnancy, for example, taking maternity leave.

Pregnancy discrimination is unlawful whether or not:

the assumptions the person made about your pregnancy are correct
the person who discriminated against you didn’t mean to discriminate or didn’t think they were discriminating against you.

The motive for the discrimination doesn’t matter – what matters is the effect of the behaviour.

Pregnancy discrimination can be direct or indirect.

Direct discrimination happens when a person is treated worse than others because of their pregnancy.

For example, an employer does not hire a qualified applicant after learning she is pregnant.

Indirect discrimination happens when a rule, policy, or practice is difficult – or impossible – to comply with because of a person's pregnancy, unless it is reasonable in the circumstances.

For example, a workplace dress code or uniform that is difficult for someone who is pregnant to wear.

It is also unlawful to discriminate against someone because of their connection with a person who is or was pregnant. This includes discrimination based on their relationship or association with someone who is or was pregnant, such as a:

friend
partner or family member
co-worker.

Learn more about association discrimination.

When and where it's unlawful discrimination

When and where it’s unlawful discrimination

Pregnancy discrimination is unlawful in many areas of public life, including:

At work: including in relation to recruitment, job offers, training, promotion, conditions, and dismissal.

For example, employers must not:

refuse to hire someone because they are pregnant

change duties or hours unless the change is reasonable and discussed

ask intrusive questions about pregnancy plans.

In education: schools, universities, TAFE and other training providers cannot refuse enrolment or treat students differently because they are pregnant.

In the provision of insurance and superannuation.

In accommodation: including when renting, applying for housing, or using short-term accommodation.

In goods and services: shops, cafés, banks, loans, government or other services must treat people fairly, regardless of them being pregnant.

In clubs: membership, benefits, and participation must not be restricted because they are pregnant.

In state government administration: in the administration of state government programs.

There may be circumstances where a valid exemption applies (see below).

Examples of pregnancy discrimination

A year 11 high school student fell pregnant but wanted to complete her schooling. When the school heard that she was pregnant, the principal asked her to leave school.
A landlord rejects a tenancy application because they assume the property is ‘not suitable for someone expecting a baby.’
A person is dismissed after taking leave for pregnancy-related illness.
A manager pressures a pregnant worker to reduce her hours, even though she can perform her role safely.

Pregnancy discrimination can occur alongside related attributes, such as family responsibilities, parental status, or breastfeeding.

When discrimination may be lawful (Exemptions)

There are some circumstances when discrimination on the basis of pregnancy is allowed. These are called ‘exemptions’.

Exemptions apply only in limited situations and only when they are reasonable.

Examples include:

Genuine occupational requirements

A role may require tasks that cannot be safely performed by a pregnant worker, even with adjustments. Any decision must be based on factual health and safety information, not assumptions.

Workplace health and safety

An employer can lawfully adjust duties if there is a clear medical or safety risk. For example, a pregnant worker may be given alternative tasks if her usual role involves chemicals that are hazardous to her pregnancy.

Equal opportunity and welfare measures

Programs designed to promote equal access or reduce disadvantage for people who are or were pregnant are lawful.

Learn more about exemptions.

What you can do

If you believe you have been discriminated against because of your relationship status, you can make a complaint to the Queensland Human Rights Commission.