Can an Employer Ask About Pregnancy in a Job Interview?

Interview questions should focus on an applicant’s qualifications and the job’s actual requirements. Questions about pregnancy, plans to have children, marital status, or childcare arrangements may raise concerns if an employer uses the answers to make hiring decisions.

Pregnancy and hiring discrimination

Title VII of the Civil Rights Act prohibits covered employers from discriminating because of sex. The Pregnancy Discrimination Act clarifies that this protection includes pregnancy, childbirth, and related medical conditions.

But a question about pregnancy is not automatically illegal. Federal law does not categorically prohibit an employer from asking whether an applicant is pregnant or plans to become pregnant. The Equal Employment Opportunity Commission (EEOC) discourages these questions because they are generally unrelated to the job. The question may also be evidence of discrimination if the employer makes an unfavorable decision based on the answer. EEOC guidance on pregnancy questions.

Marital status and family plans

Questions about marital status, children, childcare arrangements, or plans to have children are also generally unrelated to job qualifications. Asking these questions—especially selectively based on sex—or using the answers to limit job opportunities may be evidence of discrimination. Whether the law was violated depends on the circumstances. EEOC guidance on pre-employment inquiries.

Employers can ask consistent, job-related questions about requirements such as work schedules or travel. They should focus on those requirements rather than assumptions about an applicant’s family responsibilities.

Pregnancy-related accommodations

The Pregnant Workers Fairness Act requires covered employers to provide reasonable accommodations to qualified applicants and employees for known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would cause undue hardship. An accommodation may be needed during the application or interview process as well as on the job. EEOC overview of the Pregnant Workers Fairness Act.

What applicants can do

If an interview raises concerns, write down what was asked, when it happened, and who was present. Keep relevant job postings, application materials, and follow-up messages. An inappropriate question by itself may not establish unlawful discrimination, but the question and the employer’s later decisions may matter.

Applicants who believe a hiring decision was based on pregnancy or sex may wish to speak with an employment attorney promptly. Filing deadlines can apply.

For questions about an interview or hiring decision, contact Lundell Law Firm. Based in Monroe, Lundell Law Firm primarily serves clients in Union County and the surrounding region.