Can I Be Turned Down for a Job If I’m Pregnant?

The idea of starting a family can be exciting, but it can also be a source of worry. This is, unfortunately, especially true for women when it comes to their careers. Does pregnancy affect your job opportunities?

It shouldn’t, but this is not always the case for everyone.

If you are currently pregnant and seeking employment, you may be asking yourself, “Can I be turned down for a job if I’m pregnant?” The answer, unfortunately, is yes. However, it’s not a simple yes and there could be legal consequences if an employer does so. But it’s not that simple. In this blog post, we will discuss your rights as a pregnant job applicant and what you can do if you feel you’ve been wrongly discriminated against.

Here’s what you need to know.

Pregnancy Discrimination is Illegal

Pregnancy discrimination is illegal in the United States under the Pregnancy Discrimination Act of 1978. This law is part of the Title VII of the Civil Rights Act of 1964. It makes it illegal for employers with 15 or more employees to discriminate against women based on pregnancy, childbirth, or related medical conditions.

This means that if you meet the qualifications for a job, an employer cannot refuse to hire you based on your pregnancy alone.

However, this federal law only applies to employers with 15 or more employees. That means many smaller businesses are free to discriminate against pregnant job applicants.

Additionally, the New York State Human Rights Law offers further protection for pregnant job applicants. Under the law, pregnancy discrimination is a form of gender-based discrimination. It is prohibited in employment, housing, and public accommodations. Employers with one or more employees cannot make any employment decisions based on pregnancy.

Furthermore, they must provide reasonable accommodations for pregnant workers who have a temporary disability, unless it causes an undue burden. The law also covers independent contractors as of January 11, 2020.

The New York City Human Rights Law also provides protection to employees within the city.

You can learn more about protection for pregnant workers by visiting NY.gov.

Job Performance

Pregnancy can impact your ability to perform job-related tasks. While it is illegal to discriminate against pregnant women based on the assumption that they will be unable to do their job, there may be certain impairments related to pregnancy that could make it challenging to perform certain tasks.

For example, if a job involves heavy lifting or exposure to chemicals, an employer may not want to hire you due to safety concerns for you and your unborn child. However, this decision must be made based on objective criteria. They must show that the job you’d be doing would harm the health and safety of you and or your unborn child.

Disclosure

It’s important to note that you don’t have to disclose your pregnancy in a job interview. While it may seem like the ethical choice to let a prospective employer know about your pregnancy, it can also be risky. An employer could choose another equally qualified non-pregnant applicant over you and you’d be challenged to prove it was your pregnancy that cost you the job.

Of course, if you feel that your pregnancy could impact your ability to perform certain tasks, it may be worth considering if a position is right for you before applying. This way you are the one deciding if a job would put you or your baby at risk.

What Should You Do If You Believe You’re a Victim of Pregnancy Discrimination?

If you feel that you have been discriminated against during the job application process, there are steps you can take. You can file a complaint with the Equal Employment Opportunity Commission (EEOC) within 300 days of the discriminatory act. You can also seek the advice of a lawyer who is well-versed in employment law.

If you have questions about workplace discrimination based on pregnancy or any other issue, we can help. For more information or to speak to someone about your rights in the workplace, contact Borrelli & Associates, P.L.L.C.