The NSW State Government has recently amended the Anti-Discrimination Act 1977 (NSW) to clarify that discrimination on the ground of breastfeeding constitutes unlawful discrimination.
This particular form of discrimination is now deemed to fall under the umbrella of discrimination on the basis of sex, as breastfeeding is a characteristic that appertains generally to women.
It is important to note that the Anti-Discrimination Act 1977 (NSW) provides that it is unlawful for an employer to discriminate against an employee on the ground of sex:
- In the terms or conditions of employment which the employer affords the employee;
- By denying the employee access, or limiting the employee's access, to opportunities for promotion, transfer or training, or to any other benefits associated with employment; or
- By dismissing the employee or subjecting the employee to any other detriment.
Article courtesy of Australian Retailers Association 