Medical conditions, ranging from genetic predispositions to certain disorders to acquired illnesses, should not affect employment opportunities. Federal and state laws protect people with disabling medical conditions from discrimination.
Pregnancy is not always a disabling medical condition, but it can still potentially lead to discrimination. Many employers worry about pregnant workers taking leave or having major expenses after the birth of a child.
Pregnant women looking for new career opportunities often need to answer many questions about themselves and their plans for the future during the interview and onboarding process. If a job candidate is pregnant, does an employer need to know?
Workers do not need to disclose their pregnancies
Employees and job candidates who know they are pregnant do not have an obligation to disclose their expectant state to current or future employers. Generally speaking, workers only need to address pregnancy when they require accommodations to work safely or as they begin preparing for any maternity leave that they intend to take.
Anti-discrimination laws protect women from questions during interviews about whether they are pregnant or intend to become pregnant. They are under no legal obligation to disclose their status to their current employer or a prospective future employer.
For many workers, making the decision not to disclose a pregnancy, especially during the first trimester, may make it easier for them to continue pursuing career development despite having a baby on the way. Ideally, expectant mothers should not have to worry about pregnancy discrimination, but employers may let the information they have about a worker’s medical status influence the decisions that they make.
Those who have experienced pregnancy discrimination already may need to take legal action to hold an employer accountable. Documenting conduct that may constitute pregnancy discrimination can be the first step toward effectively making use of anti-discrimination laws.