The professional world, as empowering as it can be, sometimes poses challenges for pregnant women, especially during the hiring process. California and federal laws strive to ensure women aren’t subject to discriminatory practices based on their pregnancy, childbirth, or related conditions. Let’s delve into what these laws mean for pregnant women attending job interviews.
Your Rights Regarding Pregnancy Disclosure
One’s pregnancy status, whether evident or not, remains a personal matter. As a job applicant, the law grants you the privilege of withholding information about your pregnancy. While some might opt to share this detail in the spirit of transparency, California law emphasizes that there’s no obligation to discuss or disclose pregnancy or future family plans. Employers retaliating against non-disclosure could find themselves in a precarious position under California’s Fair Employment & Housing Act.
Forbidden Queries: What Employers Can’t Ask
The California Fair Employment & Housing Act (FEHA) has been explicit in safeguarding both employees and potential hires from gender-based discrimination. In this context, “gender” encompasses conditions linked to pregnancy, childbirth, and breastfeeding. Discriminating on these grounds is tantamount to sex discrimination.
Some questions are legally off-limits for employers during interviews:
- Are you pregnant or planning to be?
- How many children do you have, and how old are they?
- What’s your marital situation?
- Do you have childcare provisions?
- Are you using birth control or undergoing fertility treatments?
- If pregnant, do you intend to continue working?
- Is your spouse employed? What’s their profession?
Employers inquiring about these topics expose themselves to potential legal ramifications under both state and federal jurisdictions.
Employment Denials and Illegal Queries: Making Informed Choices
Being denied a job because of your pregnancy, impending pregnancy, or recent childbirth is unequivocally unlawful. Any such action provides grounds for complaints under the EEOC, FEHA, and other related regulations.
Sometimes, you might face prohibited questions during interviews. Whether due to ignorance or willful disregard of the law, employers occasionally overstep. In such scenarios, you have several options:
- You can choose to be forthright, though you’re not obligated to do so. Your decision might hinge on your assessment of the prospective workplace and its culture.
- You can question the relevance of their query to the job. It’s entirely valid for you to highlight their transgression, as it informs them of your awareness.
- Politely decline to respond, emphasizing your discomfort with the subject.
- Should the interviewer persist in probing, it’s essential to remember that your non-responsiveness is well within your rights.
Post-Interview Steps and Recourse
If the job offer materializes, you can opt to move forward. However, if the offer is withheld, and you suspect your pregnancy played a role, you might consider legal avenues.
Some employers wrongly believe they can factor in pregnancy when making hiring decisions, speculating about potential leave or work adjustments. If you sense such discrimination, initiate a charge with the EEOC or DFEH. You also have the option to pursue legal action under California’s laws that condemn sex or disability-based discrimination. Considering the intricacies of such cases, engaging legal counsel is advisable.
In essence, while the path to securing a job while pregnant can have its challenges, knowing your rights and the available protections can make the journey smoother. If ever in doubt, consider reaching out to employment law professionals like PLBH at (800) 435-7542 to guide you.