Can Woman Lose Her Job Because She Becomes Mother?
News Desk
Islamabad: Pakistan’s Federal Ombudsperson for Protection against Harassment of Women at the Workplace (FOSPAH) has delivered a landmark answer: No.
In a precedent-setting ruling that could reshape workplace practices across the country, FOSPAH has declared that any adverse action against a woman because of her pregnancy or maternity status amounts to gender-based discrimination and psychological harassment.
The decision has resulted in a private-sector organization being ordered to pay Rs 1.2 million in penalties while introducing sweeping reforms aimed at protecting pregnant and post-partum employees.
The ruling is being hailed as one of the strongest affirmations yet of maternity rights in Pakistan, sending a powerful message that motherhood can never be treated as a professional disadvantage.
The case began when a woman employed in an accounting role found herself facing uncertainty at one of the most vulnerable moments of her life. While on officially approved maternity leave, she received a phone call informing her that her employment would end once her leave expired.
There was no formal termination letter. No written explanation. No official notice.
Instead, she was told that her name had been included in a list of employees whose services would be terminated after maternity leave—raising serious questions about whether pregnancy had become the reason for her exclusion.
After reviewing witness testimony and documentary evidence, FOSPAH concluded that the employer’s actions were directly linked to the complainant’s maternity status. The Ombudsperson ruled that communicating termination during protected maternity leave constituted unlawful gender-based discrimination and psychological harassment under the Protection Against Harassment of Women at the Workplace Act, 2010 (as amended).
The order makes it clear that pregnancy, childbirth, maternity leave, and post-partum recovery are biological realities unique to women and that employers cannot penalize employees because of these circumstances.
But the alleged discrimination did not end there.
The investigation found that after returning to work, the employee continued to face barriers. Her requests for transportation arrangements required during post-partum recovery were not properly accommodated despite the employer’s awareness of her medical condition.
Delays in processing daycare-related documentation and the unexplained denial of her annual salary increment further reinforced what the Ombudsperson described as a broader pattern of discriminatory treatment.
The decision goes beyond awarding compensation.
FOSPAH has directed the organization to overhaul its workplace practices by ensuring that all employment-related communication with employees on maternity leave is made only through formal written channels. It must also conduct mandatory awareness and sensitization training on pregnancy discrimination, maternity protection, and women’s workplace rights for all staff members.
In addition, the employer has been expressly prohibited from taking any retaliatory action against the complainant.
The Ombudsperson stressed that employers have a heightened duty of care towards pregnant and post-partum employees and are legally required to provide a workplace that is safe, respectful, and free from discrimination.
The implications of the ruling extend far beyond a single workplace dispute.
Legal experts believe the decision strengthens Pakistan’s legal framework by firmly establishing that discrimination connected to pregnancy or motherhood is not simply an employment issue but a violation of women’s fundamental workplace rights. The order is expected to serve as an influential precedent for future complaints involving pregnancy discrimination, maternity leave, and workplace harassment.
For thousands of working women balancing careers with motherhood, the ruling sends a reassuring message: choosing to become a mother should never cost someone their livelihood. Instead, it confirms that pregnancy is a protected condition under the law—and that employers who treat it as a liability may face serious legal consequences.
