“When Do You Plan on Having a Baby?” and Other Questions Not to Ask

Source: Melissa Torres, Employee Benefit Plan Review, Vol. 74, No. 5, July-August 2020
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From the abstract:
Employers interviewing women of child-bearing age may be tempted to ask about plans for having a baby, but doing so poses risks. While an employer might be concerned about staffing coverage, the Pregnancy Discrimination Act prohibits employers with 15 or more employees from discriminating against a woman based on her potential or capacity to become pregnant. Taking adverse action against a pregnant employee because of her pregnancy is equally unlawful.

Nonetheless, an article in The New York Times not too long ago bore the striking headline: “Pregnancy Discrimination Is Rampant Inside America’s Biggest Companies.” The article indicated that, notwithstanding the law, many pregnant women were either passed over for promotions or fired when they complained.

Yet another Times headline focused on the failure of employers to provide light duty to pregnant women: “Miscarrying at Work: The Physical Toll of Pregnancy Discrimination.”