General Principles: Pregnancy discrimination at work = 1
Pregnancy discrimination at work = 7
1. Introduction
1.1 The federal Sex Discrimination Act = 9
1.2 Policies and procedures = 10
1.3 The legal framework = 11
2. Recruitment
2.1 Non-discrimination in recruitment = 11
2.2 When it is not discriminatory to refuse employment? = 12
2.3 Who is liable for discrimination in recruitment? = 13
2.4 Advertising employment vacancies = 13
2.5 Job applications = 14
2.6 Questions at interview = 14
2.7 Medical examinations to determine pregnancy = 15
3. Employment
3.1 Equity for employees who are pregnant = 15
3.2 Adjustments for employees who are pregnant = 16
3.3 Leave = 19
3.4 Return to work after maternity leave = 23
3.5 Preventing unlawful harassment = 24
3.6 Other issues = 24
4. Dismissal and retrenchment
4.1 Retrenchment = 26
4.2 Dismissal = 26
Appendix A: Definitions and case law
1. Definitions of terms in the federal Sex Discrimination Act = 31
2. Does the federal Sex Discrimination Act cover your employment relationship? = 40
3. Exemptions and special measures = 43
Appendix B: Pregnancy policies and procedures
1. Pregnancy friendly policies = 47
2. Implementing pregnancy friendly policies = 51
3. Dealing with grievances and complaints = 52
4. Employees with special needs = 55
Appendix C: Which law; which forum?
1. The relationship between anti-discrimination and OH&S laws = 61
2. The relationship between anti-discrimination and industrial relations laws = 63
3. Alternative complaint forums = 64
Contact List = 67
Terms of Reference = 73
Acknowledgements = 75
Index = 77
Pregnancy discrimination at work = 7
1. Introduction
1.1 The federal Sex Discrimination Act = 9
1.2 Policies and procedures = 10
1.3 The legal framework = 11
2. Recruitment
2.1 Non-discrimination in recruitment = 11
2.2 When it is not discriminatory to refuse employment? = 12
2.3 Who is liable for discrimination in recruitment? = 13
2.4 Advertising employment vacancies = 13
2.5 Job applications = 14
2.6 Questions at interview = 14
2.7 Medical examinations to determine pregnancy = 15
3. Employment
3.1 Equity for employees who are pregnant = 15
3.2 Adjustments for employees who are pregnant = 16
3.3 Leave = 19
3.4 Return to work after maternity leave = 23
3.5 Preventing unlawful harassment = 24
3.6 Other issues = 24
4. Dismissal and retrenchment
4.1 Retrenchment = 26
4.2 Dismissal = 26
Appendix A: Definitions and case law
1. Definitions of terms in the federal Sex Discrimination Act = 31
2. Does the federal Sex Discrimination Act cover your employment relationship? = 40
3. Exemptions and special measures = 43
Appendix B: Pregnancy policies and procedures
1. Pregnancy friendly policies = 47
2. Implementing pregnancy friendly policies = 51
3. Dealing with grievances and complaints = 52
4. Employees with special needs = 55
Appendix C: Which law; which forum?
1. The relationship between anti-discrimination and OH&S laws = 61
2. The relationship between anti-discrimination and industrial relations laws = 63
3. Alternative complaint forums = 64
Contact List = 67
Terms of Reference = 73
Acknowledgements = 75
Index = 77