Anti-discrimination laws make it illegal to discriminate against women who breastfeed their children. Breastfeeding also includes the act of expressing milk. Under the Equal Opportunity Act 1995 (Vic), breastfeeding has been specifically included with other attributes including gender, age, sexual orientation, and impairment, as a factor that cannot be used to treat a person differently from another. Discrimination against women who are breastfeeding is prohibited in areas of employment, education, the provision of goods and services, as well as in social situations such as applications for club membership. Recent attention given to women breastfeeding in restaurants highlights the unwanted attention and, arguably, discrimination some women experience when performing this natural, motherly function.

The Sex Discrimination Act 1984 (Cth) also protects women from discrimination caused through family responsibilities and potential pregnancy. “Family responsibilities” under the Act cover situations where an employee is required to care for a dependent child or an immediate family member. Immediate family member expressly includes a spouse (including a de facto spouse), parent, grandparent, grandchild, or sibling (section 4A).

Section 4B of the Act makes it unlawful to discriminate against a woman on the basis of her potential to become pregnant. Potential pregnancy is expressed to include the fact that a woman is or may be capable of bearing a child, has expressed a desire to become pregnant, or is likely to be pregnant. It is unlawful, therefore, for an employer to ask questions concerning pregnancy at a job interview or request information about such issues without a legitimate reason. A legitimate reason to request such information would include workplace issues of occupational health and safety, and, in such an instance, would require the use of such information to be confined to these issues.

It is important that both employers and employees understand their rights and obligations in relation to anti-discrimination legislation so that everyone has the opportunity to be treated fairly. If you believe you have been unlawfully discriminated against, or have any concerns regarding legislation in this area, contact your solicitor for advice.