Australia's sex discrimination laws must be overhauled to stop workplaces "penalising" pregnant women and mothers, a new report urges.
More than 100 women have told Four Corners they experienced discrimination at work after falling pregnant, revealing it can occur regardless of industry, seniority, pay or where you live.
It comes as Australia's fertility rate plummets to historic lows and more women choose to have fewer children later in life.
Now, a new report from the Australian Human Rights Commission (AHRC), obtained exclusively by Four Corners, has found pregnancy discrimination remains a major barrier to gender equality and workforce participation.
It recommends wide-ranging changes to the Sex Discrimination Act, such as making it illegal for an employer to indirectly discriminate against a worker due to family responsibilities.
That is when a company rule that applies to all workers, such as requiring a day's notice to work from home, unfairly disadvantages someone who is pregnant or a parent.
"Many workplaces treat family responsibilities as an inconvenience or disruption and penalise people with care responsibilities," the report said.
"This disproportionately impacts women's economic independence, entrenches inequality and undermines the wellbeing of families."
The report also found parents from minority backgrounds and casual workers were more vulnerable.
Sex discrimination laws 'not keeping up'
It has been decades since the Sex Discrimination Act has been changed when it comes to family responsibilities.
Sex discrimination commissioner Anna Cody said the legislation was "not keeping up with modern families".
"Families rely on two incomes. We don't have the model of one breadwinner, one caregiver in families,"
Dr Cody said.
"To have a very old-fashioned idea of who should be working, that's confounding to me when we've come so far in other areas of our society."
Twenty-one women told Four Corners they had been made redundant or dismissed, only to discover their role still existed.
This practice is known as a "sham restructure".
The report also calls for tougher laws to prevent redundancies connected to pregnancy leave or caring responsibilities, backed by "meaningful penalties for non-compliance".
As part of the proposal, employers should have to show stronger evidence that a redundancy was genuinely required before letting a pregnant worker or mother go.
Report recommends greater flexibility at work
The commission's report also calls for changes to the Fair Work Act, which include making flexible work a presumptive right.
"Rather than it just being a right to request [flexible work], the presumption should be … that flexible work is provided by an employer," Dr Cody said.
Of the 104 women who shared their stories with Four Corners, almost one-third said they had flexibility requests refused.
Some also reported challenges returning to their jobs after parental leave.
Australians are not eligible for unpaid parental leave unless they have worked for the same employer for a year.
If an employer allows them to take leave anyway, the employee does not have a right to return to their old job.
Researchers and the commission have urged the government to close that loophole for years on the grounds that it leaves women exposed to discrimination.
Earlier this year, the federal government expanded government-funded paid parental leave from July, offering up to 26 weeks of pay at minimum wage rates.
"The first few months with a new baby are precious," Prime Minister Anthony Albanese said in a statement at the time.
"My government is making it easier for parents to spend that time together."
Anthony Albanese says his government wants to help families. (ABC News: Adam Kennedy)
Dr Cody said she welcomed the government's focus on women's rights and said she expected it would now look at ways to implement the report's recommendations.
Employment minister acknowledges government can do more
In 2014, the Australian Human Rights Commission made several recommendations to better protect working mothers from discrimination, many of which have not been adopted.
A 2008 Senate inquiry also made similar recommendations, which have not been enacted.
Employment Minister Amanda Rishworth told Four Corners issues around parental leave were being investigated in an ongoing inquiry into workplace standards, but the government has not yet committed to any of the recommended changes.
"We will always look at how we can do better when it comes to dealing with these issues," she said.
"We don't want to see women discriminated against, but just as important as the law is also changing behaviour and culture out there.
"We've already shown and demonstrated through the law changes we've made, we take this seriously. We know there's more to do and we'll continue to work on it."
Dr Cody said change was overdue.
"[Mothers] contribute across all of the areas in which they work, whether it be public service, mining, construction, teaching, nursing," she said.
"Being able to benefit from that rich experience, those ways of being in the world, we benefit from having that breadth and all women being able to participate."
Watch Four Corners' full investigation, The Pregnancy Penalty, tonight at 8:30pm on ABC TV and ABC iview.