DISCRIMINATION on grounds of race, age, sex and disability, among other forms, is completely unacceptable. But it happens all the time. This time, we will focus our discussion on the unjust treatment of pregnant women in the workplace. According to a recent survey by the Women’s Aid Organisation (WAO), more than 40 per cent of 222 women respondents stated that they had lost a job, missed out on a promotion, were demoted or put through extended probation because they were pregnant. Nearly 50 per cent of the women polled reported feeling fearful of losing their jobs or being sidelined because of their pregnancy, while 31 per cent said they put plans to start a family on hold because they wanted to keep their jobs or promotions.
The aim of the survey was to promote respect, protection and equal rights for women in the workplace, specifically for pregnant mothers. It is the right of every woman to decide when she wants to have children, and she should not be put in a position where she has to choose between her career and getting pregnant. Treating women poorly at work because they are pregnant is gender discrimination, as recognised by the Federal Constitution and the Convention on the Elimination of All Forms of Discrimination against Women (Cedaw). Interview questions also reeked of discrimination. Almost 40 per cent of the women polled were asked by interviewers if they were pregnant or had plans to have a child in the near future. The job applications or offers of some 20 per cent of women were either rejected or revoked when they disclosed their pregnancy. This discrimination causes damage to women’s self-confidence and earnings potential, in addition to a resultant loss of value for employers — not just in terms of talent, but possibly also of the engagement of women.
Malaysia ratified Cedaw in 1995, but it has not adopted many elements of the convention into domestic legislation and there are no means to enforce these provisions here. There have been court cases that decided the equality provision of the Federal Constitution, but it only applies to public sector employees. This shows the need for a Gender Equality Act that would protect women employees, including those in the private sector. The Pregnancy Discrimination Act (PDA) in the United States protects women’s rights in the workplace. It is mandatory for US bosses to treat pregnant women in the same manner as other employees with similar abilities or inabilities. The PDA also forbids employers from discriminating against pregnant women in terms of pay, job assignments, promotions, layoffs and training. WAO executive director Sumitra Visvanathan wants Malaysia to work towards this end, beginning with awareness and completing the process with a statute. If we believe that women have an important role to play in Malaysia’s development, we cannot afford to treat them unfairly. We should back working women while they are raising children, and employers need to nurture a supportive and inclusive culture so that people’s behaviour reflects the right values.