Removing barriers - creating solutions for discrimination related to pregnancy and return to work after parental leave

Increasing women’s workforce participation: Barriers and solutions from the G20 and beyond

Governments of Australia, Japan and Turkey Side Event

Commission on the Status of Women, 59th Session,

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Thank you Minister Cash and congratulations to the Governments of Australia, Japan and Turkey on co-hosting this Side Event for CSW59 - which profiles the critically important issue of women’s equal participation in the workforce.  And thank you for inviting me and my fellow esteemed panel members to address it.

I have been fortunate to be Australia’s Sex Discrimination Commissioner at the Australian Human Rights Commission for the last seven years. It is a job that has taken me far and wide to see and understand the realities of women’s lives. I have gone from 200 metres under the sea in a submarine to the United Nations in New York, to spending time with young women survivors of acid attack in Dhakka, to camping out with Aboriginal women in the Kimberly in Western Australia, to the White House, the Pentagon and the World Bank. 

Through my work it has become clear that there are many and continuing gender inequalities that remain in Australia and across many other countries – whether it be the gender pay gap, the gap in retirement incomes and savings, the substantial unpaid caring work that women undertake or the under-representation of women in leadership positions across, community and business, in the board rooms and in parliaments.

However, what is also becoming becomingly increasingly clear is that more and more people are starting to understand that the solutions lie in achieving gender equality.

Promoting gender equality not only promotes and protects the rights of affected women; but it also contributes to better functioning organisations and businesses – as a result of diversity of thinking, better financial results, improved decision making, reduced turnover, and utilising the best talent. Thirdly, women’s increased participation in the workforce can make a significant difference to economic growth.

For example, the Grattan Institute in Australia has identified that a six per cent increase in women’s workforce participation could generate an increase in Australia’s gross domestic product by $25 billion. 

This is why I was so encouraged to see the G20 leaders in late 2014 commit to reduce the gap in work force participation rates between men and women by 25 per cent by 2025.

Increasing women’s workforce participation and ensuring women’s equal participation in decent work is a critical driver for achieving gender equality, increasing women’s economic empowerment and ending poverty.

Today I would like to talk about an issue that sits at the very heart of women’s workforce participation - pregnancy, parental leave and return to work discrimination. 

This is an issue that impacts on so many lives – individuals, families – and on so many workplaces. It is an issue about equality - about fairness; an issue about ensuring people can both work and care – that they can enjoy being parents whilst reaping the benefits of employment.

The National Review

So, let me start by giving you some background on a National Review I conducted on this issue last year.

In 2013, the Australian Human Rights Commission was asked by the Australian Government to conduct a National Review to identify the prevalence, nature and consequences of discrimination related to pregnancy, parental leave and return to work after parental leave.

Whilst the focus of the National Review is necessarily on paid work, nothing in this National Review should be construed as devaluing unpaid caring work or indeed pushing women into paid work.

As Australia’s Sex Discrimination Commissioner and a parent of two children, I believe that caring is one of the most important roles any of us undertakes - it’s the ultimate expression of our humanity. I also strongly believe that caring and work should not be offered up as opposite ends of one hard choice.

Let me briefly touch on the methodology we used in the National Review. We developed and analysed both qualitative and quantitative data.

We conducted more than 50 group consultations in every capital city and in a range of regional centres across Australia. We met with over 430 individuals including those affected by discrimination, representatives of unions and community organisations, employers and business and industry associations. We also received 447 written submissions.

These first-hand accounts gave voice to the lived experiences of employees and employers. It is these voices that lie at the heart of the National Review’s findings and recommendations.

Importantly, we also analysed existing research and relevant data much of which corroborated the personal stories and experiences we heard.

As well as this qualitative research we conducted the first nationally representative survey of mother’s experiences of discrimination in the workplace related to pregnancy, parental leave and return to work.

We now stand with only a handful of other countries that have this depth of analysis. 

In addition to this, we conducted, what we believe is the first of its kind, a prevalence survey of the experiences of fathers and partners. This survey provides an important snapshot of what it’s like for these carers who take time out of the workforce to care for a child on their return to work.

Alarmingly, what these Surveys revealed is that such discrimination not only exists in Australia, it is widespread.

One in two (49%) mothers reported experiencing discrimination in the workplace at some point during pregnancy, parental leave or on return to work.

The research also clearly demonstrated that such discrimination directly impacts on women’s workforce retention:

• Nearly a third of mothers (32%) who experienced discrimination at some point either looked for another job or resigned. 
• One in five (18%) mothers indicated that they were made redundant / restructured / dismissed, or that their contract was not renewed because of their pregnancy, when they requested or took parental leave, or when they returned to work. 

The survey found that the large majority of mothers (91%) who experienced discrimination did not make a formal complaint.  They suffered in silence. Many feared victimisation and being labelled a troublemaker.

Over a quarter (27%) of fathers and partners surveyed also reported experiencing similar discrimination to mothers, when requesting or taking parental leave or when they returned to work.   Like mothers, a substantial proportion (23%) of fathers and partners who reported experiencing discrimination looked for another job or resigned.

To get an understanding of the discrimination we are talking about, let me briefly share with you some of the stories of men and women affected by discrimination.  I met with mothers and fathers from all walks of life – from factory floors to the highest echelons of the business, law and medical worlds.

Too often I heard distressing stories of pregnant women and parents being bullied, demeaned and marginalised in their workplace often by other work colleagues or their manager. One woman told me that when heavily pregnant, her manager refused to provide her with a stool to sit on while working, or with extra toilet breaks. It was disturbing to hear that pregnant women still suffered physically and were left in embarrassing situations when they weren’t provided with such minor adjustments. These issues go to the heart of dignity and respect.

It was dispiriting to hear from talented people who had missed out on promotions and job opportunities because they were pregnant or had parenting responsibilities. In the words of one woman:

While I was on maternity leave…[my boss] told me that there had been a business decision that I was no longer suitable for the role I was in previously (they had offered it full-time to my maternity leave [replacement]). [My boss] said, don’t worry I have managed to secure you a position in another department – but it was a $20,000 pay difference.

Unsurprisingly, the experiences of discrimination had considerable short and long term negative impacts. In the words of one woman and I quote:

I would describe my experiences during pregnancy, whilst on parental leave and on returning to work as harrowing, disappointing and probably the worst experience of my life. I felt powerless, vulnerable and fearful about my job security and couldn’t understand why I was being treated so badly, especially given my unquestionable commitment to the organisation over the previous seven years. 

In some of the most distressing cases I heard, pregnant women under severe stress from discrimination in the workplace either suffered miscarriage or had difficulties continuing breastfeeding.

Instead of feeling excited and happy about having a baby, I heard of talented and successful women suffering from a lack of self-esteem and self-confidence, which for some, developed into severe anxiety disorders and depression.

Income insecurity, job loss and redundancy also had the effect of placing families under financial pressure. Other people told me that they were forced to sell their homes. I was told:

At the end of it all I was left with no job, on the brink of losing my home, dealing with a miscarriage. I lost all my friends at work, and was left just utterly broken. 

These voices teach us that discrimination is a real and pervasive issue - that its impact can be devastating - and that it is a major barrier to the full and equal participation of women in the workforce.

The National Review also heard about some of the practical challenges faced by employers in managing pregnancy and return to work.

Employers identified issues such as lack of access to clear, easily accessible information and advice on pregnancy rights and obligations – which prevented them from fully understanding and discharging their obligations.  They talked about the limited availability and affordability of childcare as a determining factor for parents returning to work. They raised practical concerns including:

• Balancing the competing demands of the business with the needs of a pregnant employee or employees returning to work requesting flexible arrangements
• Finding and training replacement employees while someone is on parental leave
• Keeping in touch with parents on parental leave, and operating without certainty about when that employee may return.

These challenges are summed up in the words of one employer:

The first thing is that you try to be very excited on behalf of the person who’s telling you [that they are pregnant]. Secretly what you’re [thinking] is how the hell am I going to replace this person for the next year? With the best intentions in the world not to discriminate in any way, how can you avoid being concerned: how am I going to run this company and meet my objectives in the next year or two?

Importantly, employers had a good understanding of how harmful stereotypes among managers and other staff can disadvantage pregnant employees and parents, as well as undermine effective implementation of policies and practices.

Some of the rewarding moments of the National Review included meeting with employers who have developed and implemented innovative and successful strategies to overcome these hurdles, with ultimate benefits for both the organisation and the individual.

It was these employers who really understood the case for change – that gender diversity creates better performing organisations – that retaining skilled employees requires organisations to support people across the life cycle.

Many of the leading strategies outlined in the report are not costly – they just require a change in attitude.

Such strategies range from starting with an open conversation with pregnant employees and those returning from parental leave about needs, plans and expectations. To monitoring any changes to the roles of employees on parental leave and ensure that those on parental leave are not overlooked for promotions and development opportunities, and over-represented in layoffs.

Another employer provides transitional coaching opportunities for parents on parental leave. This involves a one-on-one customised service for parents returning to work to identify their needs and circumstances; and discussions to help reignite careers on return to work. An information portal and tailored seminars are also offered to parents in this organisation while on parental leave.

Finally, through our research, we learned about a retail chain that enabled employees to have increased schedule control, or self-rostering, in addition to other flexible work options. These strategies resulted in positive outcomes such as improved health of staff and reduced work-family conflict, reduced staff turnover rates (as much as 90%), and increased productivity within teams by an average of 41%. 

The National Review made recommendations directed towards government, workplaces and the wider Australian community, all of whom have an interest in increasing women’s participation in the workforce and in shaping family supportive workplaces. They address four critical areas:

Firstly, the gap in understanding rights and obligations in regards to pregnant workers and parental leavers. This requires the dissemination of clear, comprehensive and consistent information about employer obligations, employee rights and leading practices and strategies.

Secondly, organisational cultures that give rise to harmful stereotypes, practices and behaviours about pregnant women and working parents must be changed.

Such change will require strong and visible leadership. It will also require overturning policies and practices that perpetuate harmful stereotypes and mythologies about the ideal worker. 

Thirdly, while the legal framework in Australia is extensive, some key reforms will strengthen protection against discrimination in the workplace and provide greater clarity for employers on their obligations. 

Finally, ongoing monitoring, evaluation and research is essential to shape effective action. We now have solid benchmark data which should be updated every 4 years to assess progress. 

In closing, I want to reiterate the principal finding of the National Review – namely, that pregnancy, parental leave and return to work discrimination is pervasive – it significantly effects women’s workforce participation and has a cost to everyone – the person affected, their family, their workplace, employers and the national economy.

It also follows that addressing discrimination will have a positive impact across all sectors of our community. 

This report provides a robust evidence base to help policy makers and workplaces understand what supports are necessary if we are to have non-discriminatory organisational environments.

We have the beginnings of change, we have seen the G20 Leaders make their commitment to start on a path to a more equal future, and we need to join together to achieve the same goal of gender equality. It starts with us – each and every one of us.

Thank you.