Recent developments in the Australian legal landscape shed light on an issue that has far-reaching implications for workplaces across the nation – breastfeeding accommodations for mothers returning to work.
In a groundbreaking case, the ACT Civil and Administrative Tribunal (ACAT) addressed workplace discrimination against a breastfeeding employee, establishing a precedent that underscores the need for employers to adapt policies and physical spaces to support the breastfeeding needs of their staff.
The case
The case of Complainant 202258 v. Southern Restaurants (Vic) Pty Ltd, [2023] ACAT 57, marked a significant milestone in Australia’s legal framework regarding breastfeeding as a protected attribute under anti-discrimination laws. The complainant, a KFC store manager, returned to work in early 2022 after parental leave, expressing the need for a private space and refrigeration to accommodate her breastfeeding requirements.
Challenges faced
Despite the complainant’s explicit requests, the employer, Southern Restaurants (Vic) Pty Ltd, claimed impracticality and cost as reasons for not providing a private room. Instead, they supplied a foldable tent and chair within the store premises, under a policy requiring managers to stay on-site during lunch breaks. The conditions proved unsuitable, causing discomfort and embarrassment for the employee. The complainant, in an effort to adhere to workplace policies, frequently waited for another manager to arrive, resulting in significant physical discomfort.
Legal ruling
Despite the complainant’s explicit requests, the employer, Southern Restaurants (Vic) Pty Ltd, claimed impracticality and cost as reasons for not providing a private room. Instead, they supplied a foldable tent and chair within the store premises, under a policy requiring managers to stay on-site during lunch breaks. The conditions proved unsuitable, causing discomfort and embarrassment for the employee. The complainant, in an effort to adhere to workplace policies, frequently waited for another manager to arrive, resulting in significant physical discomfort.
ACAT’s determination emphasised that the employer’s imposition of a policy requiring on-site presence during lunch breaks disadvantaged breastfeeding individuals. The conditions within the tent were deemed unsuitable, leading to physical pain for the complainant. ACAT held that this workplace policy was not reasonable, contravening the Anti-Discrimination Act 1991.
Implications for employers
This landmark case underscores the importance of employers making necessary adjustments to accommodate the breastfeeding needs of their employees. It sets a precedent that requires employers to go beyond mere lip service and actively adjust both physical layouts and operational aspects of the workplace. In this instance, alternative arrangements, such as different rostering schedules, were rejected, emphasising the obligation on employers to find reasonable and effective solutions.
Conclusion
Promoting inclusivity and looking after your team members is crucial. In workplaces, we should all aim to create a professional environment that welcomes and supports everyone. Take this case as a reminder of how vital it is for employers to adapt to the needs of breastfeeding individuals. To make our workplaces safer and more accommodating, our policies and practices should keep up with the changing workforce dynamics, prioritising the well-being of each employee.
