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Australia’s human rights boss has been grilled over a law that protects trans woman from being discriminated against by an employer who thinks they might be pregnant – despite conceding that policy does not apply to a man seeking such a position.
Australian Human Rights Commissioner Anna Cody told a Senate Estimates hearing transgender women are protected under the Sex Discrimination Act if they are denied a job because an employer believes they are pregnant.
“It’s about the unlawful treatment by the employer,” she said.
“If someone is treated unfairly on the basis of pregnancy or potential pregnancy, then that is unlawful discrimination.”
Senator Michaelia Cash said she was “very confused” because biological males could not become pregnant.
“If they can’t become pregnant, how can you then become potentially pregnant?” she asked the commissioner.
“If a bloke came in and they said, ‘Are you going to have children?’ which is the same question really, and he said, ‘Oh yeah, maybe’ are you saying that he could also claim that ground?”
Ms Cody said the policy would not apply to a man who was seeking a position.
“They’re both biological men, it makes no sense,” Senator Cash said.
“A biological man can’t get pregnant am I correct? Because if I’m not, I’ve got to go back to school, I seriously do because I missed that lesson in biology.
“I went to a convent school, the nuns may not have told me about it, but you said a biological man can’t get pregnant.
“With all due respect it is the absurdity of the law yet again, which shows again the law needs to be changed because for the record, biological men, doesn’t matter which way you cut it, you cannot get pregnant.
“And quite frankly, it is an insult to women who are actually discriminated because they want to have children.”
But Ms Cody argued a trans woman could be assumed to be pregnant or able to get pregnant, which would constitute discrimination if they missed out on a job.
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