1 November 2000
PREGNANCY AND WORK INQUIRY
Sex Discrimination Commissioner Susan Halliday today welcomed the Federal Government response to the recommendations of the National Pregnancy and Work Inquiry.
"I commend the Federal Government for agreeing to amend the Sex Discrimination Act 1984 to clarify that particular interview questions and pregnancy testing are prohibited as part of the job interview process. I am also very pleased that the Government has agreed to include breastfeeding as a specific ground of discrimination under the Sex Discrimination Act.
In its response to the report the Government, with the assistance of specialist agencies such as the Office of the Employment Advocate, has agreed to monitor and produce material on pregnancy and potential pregnancy discrimination. "I am encouraged by the Government's in-principle support of education on issues of pregnancy discrimination in the workplace. It is imperative that pregnancy discrimination is seen as a mainstream industrial relations issue."
Culturally specific education material will be developed for indigenous women, who were identified as a group particularly vulnerable to pregnancy discrimination. Particular attention will also be given to education and services in rural and remote areas, including improved communication facilities and medical information.
"I am however disappointed that several of the more difficult recommendations aimed at eliminating widespread systemic inequality have not been supported," Commissioner Halliday said. "This includes not introducing unpaid maternity leave for casual employees. The New South Wales and Queensland governments enshrined this right under state industrial legislation for casuals whose employment has been continuous for 24 months."
The federal government rejected the specific recommendation to examine national paid maternity leave options used by 157 nations around the world. "This recommendation was aimed at providing the data needed for an informed debate within Australia. It is impossible to have informed debate if we refuse to collect the data."
"Legislative frameworks need to reflect our labour market realities. Human rights law must not be allowed to stagnate. The time has come to update the legal protection women are entitled to," said Commissioner Halliday.
"I am pleased with the positive messages for women in the Government's response, but there remains much work to be done. Let us not forget, it is a right not a privilege to work while pregnant. I look forward to working with the Government on the recommendations that have been accepted, and pursuing with vigour those that haven't."
Media contact: Janine MacDonald (02) 9284 9880 or 0412 783 631.
To view the Government's response to the recommendations of the National Pregnancy and Work Inquiry visit: http://law.gov.au/aghome/legalpol/cld/human/Govt_response.html.
The Human Rights and Equal Opportunity Commission has prepared a Summary of the recommendations agreed to by Government.
To view the Minister for Family & Community Services and MinisterAssisting the Prime Minister for the Status of Women's Media Release click here.
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and Equal Opportunity Commission. Last updated 2 December 2001.
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