Expecting a new child should be a joyous and exciting time. However, many job applicants stress over whether to tell a potential employer about their pregnancy, worrying that they could be passed over or treated unfairly.
Fortunately, pregnancy status is a protected characteristic under both federal and New York anti-discrimination laws. If you’ve experienced pregnancy discrimination in the hiring process for a job, the trusted legal team at Joseph & Norinsberg can help you hold companies accountable and get the justice you deserve. Contact us online or call 212-227-5700 today for a free consultation.
Table of Contents
- Are You Legally Required to Tell an Employer You Are Pregnant in a Job Interview?
- What Are Employers Allowed to Ask About Pregnancy?
- What Are Legal Protections for Pregnant Job Applicants?
- What Are the Pros and Cons of Disclosing Pregnancy in a Job Interview?
- What Should You Do If You Experience Pregnancy Discrimination in the Hiring Process?
- Contact Joseph & Norinsberg For Your Employment Law Cases
Are You Legally Required to Tell an Employer You Are Pregnant in a Job Interview?
You are not required to disclose your pregnancy in a job interview. Your pregnancy is a private medical issue that you are not obligated to discuss as a condition of employment.
The Pregnancy Discrimination Act of 1978 amended Title VII of the Civil Rights Act of 1964 to explicitly extend its protections to women who are pregnant or experiencing any related medical conditions. Thus, it’s illegal under federal law to make any hiring decisions or other employment actions based on whether an employee is pregnant.
What Are Employers Allowed to Ask About Pregnancy?
Employers cannot directly ask applicants about whether they are pregnant or intend to become pregnant. Attempting to indirectly discuss whether an interviewee plans to have children in the future could also be considered inappropriate.
Questions that might suggest an interviewer’s bias or intent to discriminate against pregnant workers include the following:
- “You’re not pregnant right now, are you?”
- “Do you plan on having any kids in the next couple of years?”
- “If we hire you, will you be committed to this company, or will you prioritize starting a family?”
Interviewers are typically limited to asking applicants questions related to their fit for a particular role, including their experience, qualifications, and availability. They may also ask more abstract, personality-based questions to determine if an applicant is a culture fit, but addressing protected characteristics such as race, sex, or religion is not allowed.
What Are Legal Protections for Pregnant Job Applicants?
Title VII and the Pregnancy Discrimination Act include federal protections against discrimination in hiring or other employment decisions based on pregnancy status. If a company refuses to hire an applicant based on their pregnancy, they would have a claim for illegal discrimination.
Other federal laws that protect workers against pregnancy bias in employment include:
- The Americans with Disabilities Act, or ADA, requires employers to reasonably accommodate workers with health conditions related to pregnancy and childbirth.
- The Pregnant Workers Fairness Act, or PWFA, is a recently enacted law that requires employers to provide “reasonable accommodations” for employees who are pregnant or dealing with pregnancy-related medical issues.
- The Family and Medical Leave Act, or FMLA, provides up to 12 weeks of protected, unpaid time off for certain workers, which can apply to parents caring for a newborn child.
Some state and local laws may offer additional protections for pregnant applicants. In 2013, New York City passed Local Law 78, which codified protections for pregnancy discrimination a decade before the federal PWFA was enacted. The local law applies to more New York City employers than the federal law.
What Are the Pros and Cons of Disclosing Pregnancy in a Job Interview?
While you are never legally required to discuss your pregnancy during a job interview, some applicants might choose to tell their interviewer for personal, practical, or professional reasons.
The pros and cons of disclosing a pregnancy in a job interview include the following:
Pros:
- It builds a foundation of trust to start the employer-employee relationship.
- It provides employers with advance notice to plan around any necessary parental leave, thereby preventing scheduling conflicts.
- An honest, well-run employer may appreciate your candor and professional courtesy.
Cons:
- It opens the applicant to the potential for plausibly-deniable discrimination, as the employer can search for unrelated reasons not to hire them.
- It may leave the applicant vulnerable to subconscious bias by interviewers
- Hiring managers could choose a similarly qualified applicant to avoid navigating any upcoming maternity leave
If you do decide to inform a potential employer about your pregnancy status, make sure to limit the details to what you’re comfortable with. Your disclosure may prompt some further personal questions, and it’s up to you to decide whether to engage in any discussion beyond the professional impacts. If you’re in an earlier stage of pregnancy, it might be easiest for everyone to wait until after starting the job to give your employer a heads-up.
What Should You Do If You Experience Pregnancy Discrimination in the Hiring Process?
It may be difficult to prove pregnancy discrimination during the hiring process. However, if you suspect you were passed up for a job because of your pregnancy—such as the position going to a less-qualified candidate after you disclosed your status—you might have a valid claim.
Steps to take after experiencing potential pregnancy discrimination include the following:
- Assess the timing of the decision. Did the company’s tone about your likelihood of getting the job change after you disclosed your pregnancy? Did the employer suddenly rescind the offer?
- Take notes. Document any potentially inappropriate or discriminatory behavior that occurred during the interview process. Did the interviewers ask about your pregnancy? If you disclosed it, how did they react?
- Gather any written communications. Preserve any emails related to the hiring process. If your pregnancy was discussed in writing, make sure you retain that evidence.
- Request any video or audio recordings of the interview. If the interview was recorded, that content can prove exactly what was said and how the interviewers reacted.
- Talk to potential witnesses. If there were multiple participants in the interview, some may be willing to provide a statement if they had observed discriminatory behavior by a colleague.
- Meet with a pregnancy discrimination lawyer. Your attorney can help you investigate potential discrimination, build a case against the employer, and take legal action.
Our experienced attorneys can assist you in filing a complaint with the U.S. Equal Employment Opportunity Commission or a state agency regarding your experiences. If necessary, we can file a discrimination lawsuit on your behalf against the employer.
Contact Joseph & Norinsberg For Your Employment Law Cases
Your pregnancy does not undermine your qualifications as a worker, and you should never be treated differently because of it. If you believe you’ve experienced pregnancy discrimination, our trusted employment law attorneys will listen, investigate, and fight relentlessly to get you the justice you deserve.
Contact us online or call 212-227-5700 today for a free consultation.
