06. THE GRIEVANCE OF BEING UNEQUALLY TREATED DURING THE PREGNANCY PERIOD
About half of the Sri Lankan mothers say they've experienced
some form of pregnancy discrimination in the telecommunication industry. But
that doesn't mean we all know what it looks like in practice.
As I have researched, Some expectant mothers who work in the telecommunications industry face a variety of problems from the managers they report to. For example, it can be difficult to take time off to go to the clinic, affect performance at the end of the maternity leave year, and sometimes make them mentally ill. HR divisions often take the manager's side in employee grievances that occur in similar situations. That makes them even more embarrassed.
6.1Which of the following is pregnancy discrimination?
v Mrs.Meneka has been a loyal, faithful and diligent employee in the telecommunication industry, she really had a doubt about why she has been treated unequally and unfairly. She contacted her immediate manager and asked him for an explanation as to why I have not been awarded my due promotion and kept me at the same level since 2017. As he explained to her, the management has considered her maternity leave period, and apparently, it has affected her for not getting the due promotion.
v As soon as Rehan's bump begins to show, she's barred from attending client meetings because her boss says her bump might "put off clients"
v Mrs.Chathurya applies for a promotion and is passed over because she recently got married, and her boss thinks she's likely to get pregnant and take maternity leave soon.
(Reference with HR department)
All three answers most likely involve discrimination.
Pregnancy discrimination can take a range of surprising and
sometimes subtle forms, from negative attitudes ("It's not a good look for
you to have that baby bump in a customer service role") to dismissal
(sometimes disguised as a redundancy).
6.2What is maternity and pregnancy discrimination?
A report (published by the Equality and Human
Rights Commission in 2017) found that 77% of mothers felt that they had been
discriminated against at work. Of this 77%, only 28% raised this with a
manager, 3% submitted a grievance and 1% pursued it in an employment tribunal.
Legally, this type of
discrimination is defined as being treated less favorably than other employees
because of being pregnant or being on maternity leave.
It may become evident in any
workplace circumstance, for example, during the recruitment processes, in
promotion exercises, training opportunities, or in selection for redundancy or
other types of dismissal.
Discriminatory or unfair
treatment of a woman who is also pregnant or on maternity leave may also occur
at any time during her pregnancy or maternity.
If you have been discriminated
against or treated unfairly on these grounds and have the evidence to back it
up, then you can use it to negotiate an exit settlement agreement if you decide
to leave your employer, or – if all else fails – to bring a case against them
in the employment tribunal.
On the
employee side: Under the Fair Work Act 2009, your employer also isn't allowed to
take "adverse action" against you because of your pregnancy. That
could include unwarranted performance management, demotions, unreasonable
variation in duties, or placing pressure on the employee to resign.
On the
employer side: an
employer can decline to offer a position to a pregnant woman if it's
"reasonably necessary" to protect the occupational health and safety
of anyone (including the pregnant woman), according to Victoria's Equal
Opportunity Act.
6.3. When you are on
maternity leave
In total, you are entitled to 12 months of maternity leave. The
first 6 months of your maternity leave are known as ‘ordinary maternity leave.
The second 6 months is known as ‘additional maternity leave.
After your ordinary maternity leave you are entitled to return to
the job in which you were employed before your absence and on no less favorable
terms. Your seniority and pension rights must be the same as if you had not
been absent.
If you take additional maternity leave (i.e. more than 6 months) you have the right to return to the same job, unless it is not reasonably practical for you to return to that job. If that’s the case, then you have the right to return to another job that is suitable and appropriate for you in the circumstances and you’re entitled to return on terms and conditions that are no less favorable than those which would have applied had you not taken maternity leave. Your seniority, pension, and other similar rights should also all be treated as if you had not been away.
Statutory paid annual leave continues to accrue during both
ordinary and additional maternity leave.
If you are put at risk of being redundant whilst on maternity leave
your employer is still under a duty to consult with you and act fairly. If they
do not, then the dismissal for redundancy could be unfair as well as
discriminatory.
Finally, if you’re entitled to benefits such as pay raises,
promotions, or bonuses it’s illegal for your employer to withhold them as a
result of your maternity leave.
Reference
Bourke, E.,
2022. Pregnancy and parental discrimination in the workplace on an
industrial scale. [online] ABC Radio. Available at:
<https://www.abc.net.au/radio/programs/pm/pregnancy-and-parental-discrimination-in-the/7460842>
[Accessed 9 May 2022].
Equalityhumanrights.com.
2022. During pregnancy | Dismissal, redundancy and complaints
procedures | Equality and Human Rights Commission. [online] Available at:
<https://www.equalityhumanrights.com/en/managing-pregnancy-and-maternity-workplace/faqs-employees/during-pregnancy-dismissal-redundancy-and>
[Accessed 9 May 2022].
2022. [online] Available at: <https://srilankamirror.com/news/news-in-brief/13701-srilankan-airhostesses-aborted-due-to-hr-manager?fbclid=IwAR0jdLEyaC3eXUu2W3k_zD7c3HIMYnwF_WWF92f0A9xDxZjRw50ahCUL104> [Accessed 10 May 2022].
Dailymirror.lk. 2022. PCoI on SriLankan airlines - I resigned due to pressure: Ex-air hostess - Latest News | Daily Mirror. [online] Available at: <https://www.dailymirror.lk/breaking_news/PCoI-on-SriLankan-airlines---I-resigned-due-to-pressure:-Ex-air-hostess/108-165607> [Accessed 10 May 2022].
Dear Marian,
ReplyDeleteThis is a well-written article regarding the grievances of being unequally treated during the time of pregnancy. If someone (Employer or Manager) treats a female unfairly because she is pregnant, breastfeeding or because she has recently given birth, she may have been discriminated against.
So what are the actions, she can take against this pregnancy and maternity discrimination?
This comment has been removed by the author.
DeleteIn short, under anti-discrimination legislation such as the Sex Discrimination Act 1984, your employer can't treat you "less favorably" than another employee because of your pregnancy or potential pregnancy. That could take the form of direct discrimination. First, you have to talk to your immediate manager to discuss that matter. But if the answer is not satisfactory then you can go to the HR division. If it is not satisfied you can reappear your grievance to top management. If the employee is still being treated unfairly, he can seek the assistance of the Labor court.
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