Firm fined for 'maternity discrimination'

ISLAMABAD:

The Federal Ombudsperson for Protection against Harassment of Women at the Workplace (FOSPAH) has imposed a penalty of Rs1.2 million on a private organisation for unlawful termination, gender-based discrimination, and psychological harassment of a female employee during her approved maternity leave.

FOSPAH, in its detailed order, held the organisation liable for violating the Protection Against Harassment of Women at the Workplace Act, 2010 (as amended), and directed it to implement corrective measures in compliance with the law. According to the complaint, the employee—working in an accounting role—was informed via telephone while on approved maternity leave that her services would be terminated. No formal termination letter or written notice was issued, nor were any reasons provided. She was later told that her name had been included in a final list of employees whose services would end upon completion of maternity leave.

After reviewing witness statements and documentary evidence, FOSPAH ruled that informing an employee of termination during protected maternity leave constitutes adverse treatment linked directly to her maternity status, amounting to gender-based discrimination and psychological harassment under the law. The order further noted that pregnancy, childbirth, maternity leave, and postnatal recovery are conditions unique to women, and any adverse action linked to these circumstances is strictly prohibited.

The investigation also found additional instances of discriminatory treatment, including failure to address the complainant's requests for transport support during postnatal recovery, delays in daycare-related documentation, and denial of an annual salary increment upon her return to work.