In some cases, employees face pregnancy discrimination after they become pregnant. Someone may be nervous to tell their boss that they are pregnant, worrying that they will be terminated and replaced with another employee so that the company does not have to pay them to be on maternity leave. A person who is already pregnant may have trouble finding a job, as interviewers consistently decide to go with other candidates, even if those candidates are not as well qualified.
But one important thing to remember is that discrimination can also happen based on the potential to become pregnant or the intent to do so. This is why interviewers should not ask applicants about their family life, their relationship status or their plans to have children in the future. They should only consider the training, skills, education and experience that the applicant brings to the table.
Employers should not make assumptions
That said, even if an interviewer never asks an applicant about their intent to start a family in the future, they may make problematic assumptions. This could be based on the applicant simply being of childbearing age.
For example, perhaps an interviewer is meeting with multiple candidates. The person who is the most qualified is in their mid-20s. Another applicant is in their 50s. This could lead to discrimination if the company decides to hire the older individual on the grounds that they are not going to become pregnant, while there is the potential for the younger applicant to have a child in the next few years – even if they never expressed a desire to do so.
Your legal options
Are you an employee who feels you may have been discriminated against based on the potential to become pregnant? This can be a very complex situation, and it may be difficult to prove, which is why it can be helpful to work with an experienced law firm.