Pregnant Worker Fairness Act: A Case Study at Amazon

A recent ruling by the Fair Work Commission has reinstated a Sydney warehouse worker who was dismissed via text message shortly after informing her employer, Adecco, of her pregnancy. The worker has also been awarded A$15,000 in back pay. This case underscores the complexities surrounding pregnancy discrimination in the workplace, particularly in light of recent updates to Australian employment law.

The Independent

As of June 2023, the Fair Work Act allows pregnant employees to request flexible work arrangements after 12 months of employment. Employees must submit their requests in writing, and employers are required to respond within 21 days. Employers can only refuse such requests on reasonable business grounds after discussing the matter with the employee. This legislative change aims to provide better support for pregnant workers and to clarify the obligations of employers.

The Independent

Under the updated Sex Discrimination Act, which includes a "positive duty" obligation, employers are now required to take proactive measures to eliminate sex discrimination, including that related to pregnancy. This obligation has been in effect since late 2022. Employers must assess whether they need to modify job roles to accommodate pregnant employees, especially in cases where safety is a concern.

The Independent

However, smaller businesses may struggle with these requirements due to limited resources and a lack of human resources expertise. A 2022 study indicated that many employers were uncertain about their responsibilities under the law, which can lead to misunderstandings and potential discrimination against pregnant workers.

The Independent

In the case involving the Adecco contractor, the worker had expressed safety concerns after experiencing dizziness while performing her job, which required lifting 12 kg. Although her doctor recommended that she avoid lifting heavy objects and using a ladder, she was deemed "fit to work" and completed two light-duty shifts. Subsequently, she was informed that no further light-duty shifts were available, and her future shifts were put "on hold." Adecco did not respond to her attempts to communicate about her situation.

The Independent

This incident illustrates that employers cannot unilaterally decide a pregnant worker is unfit for their role without engaging in a dialogue and exploring possible accommodations.

The Independent

Critics argue that despite legal protections, many pregnant workers still face discrimination and inadequate support in the workplace. A 2022 study found that approximately 14% of calls to a Victorian employment rights service were related to pregnancy and breastfeeding discrimination. Many women reported feeling compelled to leave their jobs due to a lack of necessary adjustments, even for minor requests.

The Independent

• “Employers need to work with their employees to figure out the best solutions.” — Dominique Allen, Professor in Business Law & Taxation at Monash University

The Independent

• “If you’re an employer, even if you have genuine safety concerns, you can’t unilaterally decide that a pregnant worker can’t do their job.” — Dominique Allen, Professor in Business Law & Taxation at Monash University

The Independent

This case and the accompanying legal framework highlight the ongoing challenges and responsibilities surrounding pregnancy in the workplace, emphasizing the need for clear communication and support from employers.

The Independent