Your rights at work when breastfeeding

You have the right to breastfeed, express and store breastmilk at work. Breastfeeding is a protected ground under Australian discrimination law. If your workplace does not provide suitable facilities or allow breaks to breastfeed or express, this may be discrimination and may also breach work health and safety laws. 

• Sex Discrimination Act 1984: It is unlawful to discriminate against someone because they are breastfeeding, pregnant or a parent.
• Fair Work Act 2009: It is unlawful to discriminate against employees who are breastfeeding. This includes expressing breastmilk and breastfeeding for as long as you choose. An employer cannot set a time limit for you to stop breastfeeding.
• Gender Equality Act 2012: This law promotes gender equality and workplace inclusiveness. It does not mention breastfeeding directly but it supports employees with family responsibilities and fair conditions for all genders.

Each state and territory also has its own laws that protect you from discrimination: 

• ACT: Discrimination Act 1991
• NSW: Anti-Discrimination Act 1977
• NT: Anti-Discrimination Act 2011
• QLD: Anti-Discrimination Act 1991
• SA: South Australia Equal Opportunity Act 1984
• TAS: Anti-Discrimination Act 1998
• VIC: Equal Opportunity Act 2010
• WA: Equal Opportunity Act 1984

Workplaces have a positive duty

Under the Sex Discrimination Act 1984 (Cth), wokrpaces now have what is called a positive duty. 

This means every organisation, no matter its size, must take active steps to prevent sex discrimination, sexual harrassment and related unlawful behaviour. This shifts the focus from just responding after something goes wrong, to preventing it before it happens.

This includes taking active steps to prevent:

• discrimination on the grounds of sex at work
• sexual harassment at work
• sex-based harassment at work
• Workplace environments that are hostile on the grounds of sex
• related acts of victimisation.

• Positive duty shifts responsibility away from the individual employees having to enforce their rights. Instead, employers must actively creat safe, respectful and inclusive woekplaces for all employees.
• Organisations must be proactive in preventing sexual harassment

Discrimination

Direct Discrimination happens when you are treated unfairly because you are breastfeeding, pregnant or a parent.

• Example: Not being promoted because you are breastfeeding.

Indirect Discrimination happens when a rule applies to everyone but unfairly disadvantages you.

• Example: A rule that all staff must work night shifts, even when other shifts are available that would allow you to conitnue breastfeeding.
   

It may be discrimination if you:

• Are not provided with a private, suitable space to breastfeed or express
• Cannot adjust work breaks so you can express milk
• Are forced onto night shifts when other shifts are available
• Are told to stop breastfeeding baby before returning to work
• Are given a time limit (for example, 3 months) for how long breastfeeding will be supported
• Miss out on promotion or training opportunities because you are breastfeeding
   

Where to get help

If you think you are experiencing discrimination, there are organisations that can help.  These organisations can help ensure workplaces follow the law. They provide free information about your rights and may assist with resolving workplace issues.

The Commission handles complaints about discrimination under federal law. They can look into your concerns and help you and your employer talk through the issue and try to reach an agreement

Call 1300 656

Visit website

The Ombudsman provides free advice about workplace rights and can help if your employer is not meeting their legal obligations.

Call 13 13 94

Visit website

Each state and territory also has their own commission you can contact:

• ACT: ACT Human Rights Commission 

• NSW: Anti-Discrimination New South Wales 

• NT: Northern Territory Anti-Discrimination Commission 

• QLD: Queensland Human Rights Commission 

• SA: Office of the Commissioner of Equal Opportunity  

• TAS: Equal Opportunity Tasmania 

• VIC: Victorian Equal Opportunity and Human Rights Commission

• VIC: Western Australian Equal Opportunity Commission