Pregnancy Discrimination: The Untold Truth

Ten years ago, I lost my job due to my pregnancy.

I was looking forward to joining my new company in a few months’ time when I discovered I was pregnant. I decided to inform the HR personnel in advance, instead of turning up pregnant on my 1st day at work.

From then on, everything went downhill…

Credit: Unsplash

I was accused of lying about my pregnancy during the job interview.

I was told that my productivity will be low, especially a month before my delivery date.

I was informed that my 2 months maternity leave would be a critical period for the company, and I cannot be ‘away’.

I was told that upon returning from my maternity leave, I may not be able to fully concentrate on work due to my newborn.

Eventually, I received this text message — “Sorry to inform you that our Management has decided not to proceed with the offer.” I was in shock. This is not an “offer” at all, it was a contract – signed by both parties. Clearly, something is amiss here!

In the end, I made the decision to file a complaint to the Industrial Relations office. Through mediation, I was eventually offered RM10,000 by the company, which I had declined. My case could not be heard at the Industrial Court, and I subsequently filed a Civil Suit filed at the Magistrate Court.

But there is no legal protection on pregnancy discrimination in the Employment Act 1955 for the private sector. This protection is only made available for the public sector, as outlined in our Constitution Article 8(2). The only thing I hung on to was that Malaysia is a signatory to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). That wasn’t enough for me to win my case in court. I had lost my legal battle.

I had then decided to reach out to the Women’s Aid Organisation (WAO) and together, our journey towards public affairs, advocacy and lobbying efforts for change began.

Fast forward to 10 years later, am so pleased that the Parliament has, on Mar 21, approved the amendments to the Employment Act 1955 to prohibit job termination during pregnancy.

For many years, we have also advocated more rights for parents at the workplace, and today, this has become a reality – from 60 to 98 days of maternity leave (in line with International Labour Organisation, ILO), from 0 to 7 days of paternity leave and the right to request for flexible working hours, subject to the employer’s discretion. This is a win for my social battle.

According to the “Voices of Malaysian Women on Discrimination & Harassment in the Workplace” survey, undertaken in 2020 by the Women’s Aid Organisation (WAO) in collaboration with research agency Vase.ai, more than half of Malaysian women (56%) have experienced at least one form of gender discrimination in the workplace. This situation is real, and the actual statistics may even be higher. After all, it is an ‘untold truth’.

KNOW YOUR RIGHTS.

AND STAND UP FOR THEM.

If you’re faced with pregnancy discrimination or unfair dismissal at the workplace, you may reach out to the Department of Industrial Relations (Jabatan Perhubungan Perusahaan Malaysia) at 03-8886 5460 or [email protected] For more information, visit their website at www.jpp.mohr.gov.my

This article is written by Tan May Lee for theAsianparent Malaysia. She’s a Partner & Executive Director of Perspective Strategies & Former EXCO of Women’s Aid Organisation (WAO).

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