Karen Johnston

Q. I am looking for a job and am two months pregnant.  Do I need to disclose this to a prospective employer?  Also, I am not sure if I will want to return to work after the leave.  Because I want to keep my options open until then, what should I tell my employer? 

A. The Pregnancy Discrimination Act, passed in 1978 as an amendment to Title VII of the Civil Rights Act of 1964, requires employers with 15 or more employees to treat pregnant applicants and employees the same as anyone else.  This means that the fact that you are pregnant cannot legally be a factor in a hiring decision.  You are not obligated to disclose your pregnancy, and there is no reason it should be a factor in any hiring decision. 

If an employer has a concern about your ability to perform certain tasks or to be available at a certain time, such as a busy season, it should have the same concern about every applicant.  The only question you should be asked is if, after the requirements of the job have been explained to you, whether you are able to meet those requirements.  Any change in your treatment after the pregnancy becomes known may be evidence of pregnancy discrimination.   

The ultimate decision about whether or when to disclose your pregnancy is really a personal decision.  You may want to assess the employer, its culture and the job requirements and make the decision that best fits the facts and circumstances.  Keep in mind that when to disclose your pregnancy in a job search is really not different than when an employee may choose to disclose a pregnancy.  

Regarding your leave and return to work, a short term disability due to pregnancy should be treated by the employer in the same fashion as any other short term disability, and you should receive the same pay and treatment with respect to employee benefit plans, programs and practices as any other employee who is temporarily unable to work.   

Deciding when or whether to return to work after your leave is really no different from any other individual deciding to resign from employment.  Keep in mind that, from the employer’s perspective you should be considered to be temporarily disabled, and most employers do not pressure their disabled employees to decide at the beginning of a leave whether they intend to return to work at the end of the leave.  Many companies provide job protection for employees on this type of leave and, if your leave is covered by the Family Medical Leave Act, the law gives you that job protection.  There is no reason for you to give up your job protection before you are sure how you want to proceed. 

While employers would certainly prefer to hire a permanent replacement rather than to hire a temporary replacement or otherwise cope with an absence, exerting pressure on only those employees taking leave due to pregnancy may be evidence of pregnancy discrimination. 

As much as workplace rights and expectations have changed, pregnancy discrimination is charges have, according to the Equal Employment Opportunity Commission, increased steadily, meaning the workplace stereotypes associated with pregnancy still exist.  It is important for employers to base their decisions on qualifications and job performance and to treat employees and applicants the same, regardless of their protected status.