Pregnancy discrimination is illegal. If a job applicant attends an interview while pregnant and an employer uses that pregnancy as a reason not to hire them, it is a violation of their rights. Similarly, if a current employee becomes pregnant and is terminated, passed over for promotions or given reduced hours because of the pregnancy, those actions may also violate the law.
One important point to understand is that it is also illegal to discriminate against someone based on the potential to become pregnant. A person may not be pregnant and may not have any plans to become pregnant, but they can still face unlawful discrimination.
Why would this happen?
This often occurs because some employers are hesitant to hire women who are of childbearing age.
For example, an employer may interview multiple applicants, and the most qualified candidate may be in their mid 20s and recently married. Even if that person never mentions any intention of starting a family, an employer may assume they will have a child in the near future and refuse to hire them for that reason. In that situation, the applicant is still being discriminated against based on the potential to become pregnant.
During interviews, employers should avoid asking questions about pregnancy status or future family plans. Employment decisions should be based solely on an applicant’s qualifications, skills and ability to perform the job. An individual’s personal life should not factor into hiring decisions.
Have you faced discrimination?
Pregnancy discrimination still occurs, despite being prohibited by law. If you believe you have experienced discrimination based on pregnancy or the potential to become pregnant, it is important to understand the legal steps you may be able to take.