Part 4 Division 2 of the Anti-Discrimination Act 1977 (NSW) states that it is unlawful to discriminate against applicants and employees, commission agents, and contract workers on the basis of their marital or domestic status, with regard to their work conditions, employment (hiring), arrangements to hire, access to opportunities for promotion, and dismissal. Furthermore, it is illegal to discriminate against employees with regards to their marital or domestic status in determining who should be a partner in a firm, and also against local government councillors, members of industrial organisations and qualifying bodies.
In the treatment of employees with regards to the above circumstances it is not unlawful to discriminate if the woman is pregnant at the time they applied for the job or were being interviewed, unless, at that date, the woman could not have reasonably known that she was pregnant. Other circumstances where it is not unlawful to discriminate is when employees are employed within a private household.
There is no case of sexual discrimination if a woman is granted rights and privileges because she is pregnant, in various gender-exclusive sporting activities and in some cases of superannuation and insurance.
How can Prime Lawyers help you?
If you feel that you have been discriminated against based on your marital or domestic status, Prime Lawyers can help you. Our employment law team prides itself on delivering the best possible advice to its clients, following careful consideration of the individual circumstances of each case and can guide you through what could be a very traumatic experience.