Interviewing while pregnant

[grow_power]

What is the name of your state (only U.S. law)? CA

I quit my job a few month ago in the hopes of starting my own business. Unexpectedly, I got pregnant recently. Since my partner and I have decided to keep the baby, I have been thinking about going back to work for the health insurance (I am currently on COBRA).

I know that legally, I don't have to tell the potential employer that I am pregnant. But given that I am about 3 month along, it will soon be very obvious to them once I start working, so I was interested in doing full disclosure. Does anyone have a suggestion for what is the best approach that strikes a balance between not destroying my chances of getting the job and not putting the potential employer in a legally awkward position? I am sort of thinking the best time to that is after the interview, but before they make me an offer (if they do). Perhaps when they are explaining the benefits??

-thanks

 

[ecmst12]

I don't think you should tell them until after you are offered a job.

 

[Indiana Filer]

I don't think you should tell them until after you are offered a job.

I've got to agree. I wouldn't tell them until after I was working for them and they found out what a wonderful employee I wam. If she tells them before actually starting the job, they might find another reason to hire someone else for the position.

 

[commentator]

Exactly, in spite of every non-discriminatory rule in the books, there are many employers who are going to find some other reason why you should not be hired if they know you are anticipating a leave of absence in the very near future and might have complications that would involve more time off.

If applying for jobs before you show, I would never tell anyone anything until I was actually offered the job and had accepted. Once you are showing, it'll be a very tricky thing to get anyone to actually give you a job. If they do, so much the better! But you are not under any requirement to tell anybody you are pregnant until you have actually accepted the job. I think they usually word it, "Is there any reason why you could not do this job?"

 

[cyjeff]

Guys, unless the OP is an African Elephant (no, that wasn't a cut about your weight but, instead, about the gestation period of an African Elephant which is normally in the neighborhood of 189 days.... but I digress), there will be no protections awarded to her in regards to the baby...

FMLA won't have kicked in, and the moment you miss a couple of days... you are out.

 

[Indiana Filer]

Guys, unless the OP is an African Elephant (no, that wasn't a cut about your weight but, instead, about the gestation period of an African Elephant which is normally in the neighborhood of 189 days.... but I digress), there will be no protections awarded to her in regards to the baby...

FMLA won't have kicked in, and the moment you miss a couple of days... you are out.

But Uncle Jeffy, there is the possibility, if she shows herself to be a spectacular employee, for them to decide she is so great they want to have her return after the baby is born.

 

[cyjeff]

But Uncle Jeffy, there is the possibility, if she shows herself to be a spectacular employee, for them to decide she is so great they want to have her return after the baby is born.

There is that... but very few of the employees I have been able to hang the "great" tag on started their career with me by lying.

 

[ecmst12]

There's no lie. There is no reason to mention the pregnancy in an interview. And yes, legally they will be able to terminate employment after the birth, but if OP shows herself to be a solid employee (not even great, just hard working and dependable), there is a decent chance they'll wait as long as possible before replacing her. It will of course depend on how much training is required for the position, how difficult it is to find replacements, etc. If they can't make a hiring decision based on the pregnancy, there is absolutely no reason they need to know about it.

 

[cyjeff]

There's no lie. There is no reason to mention the pregnancy in an interview. And yes, legally they will be able to terminate employment after the birth, but if OP shows herself to be a solid employee (not even great, just hard working and dependable), there is a decent chance they'll wait as long as possible before replacing her. It will of course depend on how much training is required for the position, how difficult it is to find replacements, etc. If they can't make a hiring decision based on the pregnancy, there is absolutely no reason they need to know about it.

I understand what you are saying....

First, the omission of the truth is a lie. Now, there is no legal ramifications to the OP if she omits this information. None at all.

However, there is also no legally binding reason for that employer to hire her back when and if she is ready to return to work. None at all.

I am not doubting the advice... I am just saying that people being what people are, we cannot guarantee that this job isn't temp.

 

[ecmst12]

Of course, but given the economic climate, there's no guaranty that ANY job isn't temporary anymore.

So you think potential employees need to tell their entire life story at the interview because leaving anything out would be a lie?

 

[pattytx]

May I?

OP, IMHO, there is no upside to disclosing the fact that you are pregnant in the interview. If you don't tell them, they can't discriminate against you (even a prima facie case) because of your pregnancy because they don't know about it.

Hey, cyjeff, there ARE some superstars out there.

 

[cbg]

And there are employers who do the right thing. We just don't read about them on message boards.

I hired a secretary for our General Counsel knowing she was pregnant. No, I'm not suggesting anything different than the above - I don't see an upside to disclosing it beforehand either. I only mention it as a point that there ARE employers who care about following the spirit of the law and not just the letter. But their employees don't have complaints to make to internet law boards, either.

 

[You Are Guilty]

OP, IMHO, there is no upside to disclosing the fact that you are pregnant in the interview. If you don't tell them, they can't discriminate against you (even a prima facie case) because of your pregnancy because they don't know about it.

On the other hand, if the OP does reveal the pregnancy and is not given the job, the OP now (arguably) has the makings of a discrimination complaint against the employer. (Not that I'm suggesting this is what the OP is after, but people have been known to pull such stunts).


/Devil's advocate

 

[commentator]

There are a few good and wise employers out there who really don't discriminate due to pregnancy, as they should not. My friend's wife was interviewing while about six months along and definitely showing. She was hired, worked three months, was off six weeks, came back to work, and things are fine. This is the exception. She said that during the interview, neither she or the interviewer mentioned the pregnancy. I was amazed.

When someone asks, "Are you pregnant?" that might be considered a discriminatory question if they then do not find another really good reason not to hire the person. If they ask, as they do on so many applications, "Is there any reason that you cannot do this job?" then duh, that's not a lie if you say no, though you are enciente. Because last time I checked, pregnancy did not keep women from doing most of the jobs in the world. As I always used to tell my clients with a limitation just don't apply for a job you can't do.

If an employer who is interviewing you starts asking questions like this, it is sort of a cue in that you would probably, if hired, be working for a jerk anyhow.

But I would not disclose my pregnancy until after the job had been both offered and accepted. This will make things much easier on both parties. Then you know, at least, that they are not offering or denying the job based on your condition.