The Australian Human Rights Commission (AHRC) wants employers to establish that certain redundancies reflect genuine job cuts when workers have taken, sought or may seek parental leave, after reported losses of hours and career opportunities.
In Balancing Act, released Oct. 19, the commission lists 18 possible changes. It summarizes discussions with 84 stakeholders alongside earlier research; it was not designed to calculate the prevalence of discrimination across Australia.
A de-identified case study describes an HR manager identified as Luisa who was made redundant one month after telling her employer she was pregnant. The report says she chose not to complain because she feared the potential cost and career consequences. It does not determine whether the redundancy was unlawful.
Other proposals include giving workers a stronger presumption that reasonable flexible-work requests will be granted and removing the current 12-month service threshold for unpaid parental leave. Australian law already covers pregnancy-related workplace discrimination, and employers may reject flexible-work requests on reasonable business grounds. The commission’s recommendations have not been enacted.
Commission records show 52 complaints alleging pregnancy discrimination in 2023, 61 in 2024 and 72 in 2025. The figures count complaints, not findings that discrimination occurred.
A 2014 commission review found that 49% of surveyed mothers reported discrimination during pregnancy, parental leave or their return to work. Of the mothers who reported such experiences, 91% did not make a formal complaint.
Sex Discrimination Commissioner Dr. Anna Cody said women experience a disproportionate share of the workplace effects, while male carers also face discrimination. The commission says lost work and stalled advancement can undermine workers’ financial independence and employers’ ability to retain staff. It cites assumptions about who provides care, insecure work and barriers to complaints as contributing factors.
The report also points to a related recommendation from a 2008 Senate inquiry that remains unimplemented. It calls for a nationally representative study to establish a current measure of discrimination but gives no timetable for that work.
Employment and Workplace Relations Minister Amanda Rishworth told ABC’s Four Corners that an inquiry into workplace standards was examining parental-leave issues. ABC reported Oct. 19 that the government had not committed to the commission’s proposals.
