Hiring and Pregnancy question.

[bb_wolfe]

What is the name of your state? South Dakota (sd)

My wife applied for the local police force in May of 2004. She took the test and passed, took another test in June and passed, had an interview in August and passed. We found out September 5th that we're expecting. At the time we found out, she was approx 4-5 weeks along.

She just received a letter dated October 14th that states that she's been offered a conditional job offer contingent on her passing 3 tests. Health Physical, Psych Eval, and a criminal background check. The psych and criminal checks are no brainers for her, she's bever been in trouble and is super smart. The physical is what worries me. Since she applied not pregnant, and wasn't pregnant for almost 4 months while they interviewed and tested, but was pregnant when they offered her the job, the following questions I pose to you:

Does she need to tell the city that she's pregnant if she passes the next 3 tests and they tell her they want her to start training?

She needs to go to 12 weeks of 'police academy' to become an officer, she can't do this while pregnant as it's a quasi-boot camp type of place. If the city offers her a final job offer and she accepts, does she have to tell them she's pregnant?

Do they have to let her have the baby, then go to training?

Please give me some input on how we should proceed as I'm fairly certain she'll be offered a job. She has a BS in criminal justice and is qualified and probably won't have a tough time applying again once the baby is born next year, so it's not a huge issue, but one I'd like to know where we stand on if she gets an offer.

Thank you for you time!

BB

 

[Beth3]

BB, I saw a somewhat similiar question on another board recently and the consensus of opinion on the HR professionals and attorneys who responded was that this is such a specific law enforcement - public sector issue, nobody felt qualified to respond.

The bottom line here though is that your wife is contemplating accepting a job offer where she will be physically unable to meet the minimum training requirements for likely the next 12 months. I don't see the situation as any different than had your wife just discovered she needed knee surgery and physical therapy and would be unable to attend the police academy for a year - in which case it makes no sense for your wife to pursue this opportunity at the moment or the municipality to offer her a job at the present.

I think she should complete the required tests, get on the "hiring list," and then tell them she's pregnant and will have to delay accepting a position until after the baby is born and then see how they respond. I doubt your wife is the first recruit in this position.

If at that point your wife feels the need for legal advice, then she should see an employment law attorney with public sector experience.

 

[bb_wolfe]

Thank you for your reply. That helps immensely!

 

[Beth3]

bb, the thing to keep in mind is that the laws that prohibit discrimination on the basis of pregnancy basically state that a pregnant female cannot be treated any differently than any other "similarly situated" employee or job candidate. The law does not entitle a pregnant individual to special treatment. So if they discovered any other recruit had a temporary medical condition that would bar him or her from attending/completing the required training for a year, they need only treat your wife in the same manner as they would the other individuals.