Pregnancy discrimination: What NZ employers need to know
Pregnancy discrimination is a widespread workplace issue. A 2024 Australian National Review found that 89% of mothers experienced discrimination while pregnant, with over a quarter of partners and fathers also affected when taking parental leave.
While comparable New Zealand statistics aren't currently available, these figures highlight the prevalence of the issue in a similar workplace culture and legal environment.
For New Zealand employers, preventing pregnancy discrimination isn't just about legal compliance—it's about creating supportive workplaces where all employees can thrive during major life transitions.
What the law says about pregnancy discrimination
The legal framework protecting pregnant employees in New Zealand is robust:
The Human Rights Act 1993 explicitly prohibits discrimination on the grounds of sex, which includes pregnancy and childbirth.
This protection extends to employees who employers think might become pregnant.
The Act also makes discrimination based on family status unlawful, including responsibilities related to childcare.
The Employment Relations Act 2000 reinforces the prohibition of discrimination in employment, including based on sex and family status.
The Parental Leave and Employment Protection Act 1987 specifically prohibits employers from terminating employment due to pregnancy or an employee's intention to take parental leave.
Examples of pregnancy discrimination
There are two main types of pregnancy discrimination.
Direct discrimination: When someone is treated less favourably because they are pregnant. For example:
Refusing to hire a qualified candidate because they are expecting or might become pregnant
Dismissing or demoting an employee after they disclose their pregnancy
Denying training or promotion opportunities because they’re planning parental leave
Making assumptions about a pregnant employee's capabilities or commitment
Terminating employment because an employee is pregnant or plans to take parental leave
Indirect discrimination: When a policy or practice that applies to everyone disproportionately affects pregnant employees or new parents. For example:
Requiring all staff to attend 7 am meetings, disadvantaging employees with caregiving responsibilities
Offering performance bonuses only to those who work full-time without breaks, excluding those on parental leave
Even if unintended, indirect discrimination is still unlawful. Employers must assess whether their policies create barriers for pregnant or parenting employees and adjust them where reasonable.
For more real-life examples, see: They did what?! Strategies for parents to tackle pregnancy discrimination in the workplace.
Common pitfalls for employers
Even well-intentioned employers can make mistakes that might constitute discrimination:
Making decisions "for the benefit" of pregnant employees without consultation
Restructuring positions while employees are on parental leave without a proper process. See
Asking about family planning during interviews or performance reviews
Changing performance expectations without a clear business justification
Failing to address negative comments or treatment from colleagues
Failing to make reasonable workplace adjustments to accommodate pregnant employees. See: Pregnancy complications: A guide for NZ employers
Discrimination affects fathers and partners too
While discussions about pregnancy and parental leave discrimination often focus on mothers, it's important to recognise that fathers and partners can also experience discrimination when exercising their parental rights:
Fathers and partners may face negative attitudes when requesting parental leave
They might experience career penalties for taking extended leave for family responsibilities
Some workplace cultures implicitly discourage men from taking their full parental leave entitlements
Partners may encounter assumptions that their careers should take priority over childcare responsibilities
They may face criticism or judgment for prioritising family over work commitments
The Human Rights Act protects against family status discrimination and applies equally to all parents and caregivers, regardless of gender. Creating truly inclusive workplaces means supporting all employees in balancing their work and family responsibilities without penalty or prejudice.
Complaint processes and remedies
Human Rights Commission Process: Employees who experience pregnancy discrimination can file a complaint with the Human Rights Commission, which offers free mediation services to resolve disputes. If mediation fails, cases can proceed to the Human Rights Review Tribunal. The Commission investigates complaints and can recommend settlements or formal proceedings.
Employment Relations Authority: Separate from human rights complaints, employees can also file personal grievance claims through the Employment Relations Authority under the Employment Relations Act 2000. This pathway allows for reinstatement orders, compensation for lost wages, and damages for humiliation and distress.
Specific legal remedies available include:
Interim reinstatement or injunctions to prevent dismissal during pregnancy
Financial compensation for lost income and benefits
Damages for hurt, humiliation, and distress (recent awards have reached $25,000+)
Orders requiring policy changes or training
Costs and legal fee reimbursement in successful cases
Best practices for avoiding pregnancy discrimination
To ensure your workplace practices comply with anti-discrimination laws, here’s a quick checklist to protect your people and your business:
Policy and culture
Update employment policies to prohibit pregnancy discrimination explicitly
Review internal processes to flag and fix indirect discrimination
Train hiring managers and team leads on what they can/can’t ask
Assess workplace accommodations objectively based on medical advice rather than assumptions
Recruitment and role changes
Remove any family/pregnancy-related questions from interviews
Don’t delay promotions or development discussions due to parental leave
Document all decisions around hiring, performance, and job changes
Communication and support
Ensure employees know their parental leave rights
Maintain open, supportive communication before, during, and after parental leave
Maintain confidentiality around pregnancy information
Consult with employment law specialists when uncertain about specific situations
For further enquiries
While we work to keep our information current, the last word lies with the relevant government agencies:
Contact Inland Revenue (IRD) for information on government-paid parental leave.
For everything else related to parental leave entitlements, contact the Ministry of Business, Innovation and Employment (MBIE) through Employment New Zealand.
How Crayon can help
At Crayon, we specialise in helping New Zealand employers develop parental leave policies and processes that support both their business needs and their legal responsibilities.
Book a free policy review to chat with us about optimising your parental leave processes and ensuring they meet all legal requirements while supporting your business objectives.
Now for the important legal part: This article provides general information only and should not be relied upon as legal advice. For specific guidance related to your organisation's circumstances, please consult with a qualified employment law professional. The information in this article is current as at 27 May 2025.
Stephanie Pow
Founder & CEO of Crayon
