Should I Hire Someone Who is Pregnant?

Hiring can be a tricky business these days, and what happens when you are thinking of hiring a pregnant employee?

According to Title VII and the Pregnancy Discrimination Act (PDA), an employer cannot refuse to hire a pregnant woman because of her pregnancy, because of a pregnancy-related condition, or because of the prejudices of co-workers, clients, or customers. If she is your best candidate, she should be the one to hire.

It’s not unusual, however, for many companies to take pregnancy into consideration when hiring, and though the pregnancy itself may not be the factor, sometimes it is important to consider the maternity leave.

Probationary Periods

Many companies hire with a probationary period, and until that time period is past, the job is not 100% settled.

If you hire a pregnant employee, and her maternity leave falls into this probationary period, it could be a consideration. It probably is possible, though, to work the probationary period around the maternity leave and just continue it when she returns.

Critical Times

Perhaps you have a business that has critical business times where employees are expected to work more hours or not allowed to take leave.

For instance, tax accountants work extra in the winter months during tax seasons. Some educators and professors have times of the year when they are not allowed to take leave. Perhaps there is a big event that falls into the time the baby is due or right after. If the maternity leave falls into these time periods, you may want to consider if it’s a feasible option, but if she is the best applicant, it can be worth it in the long run to work it out.

If you are considering hiring a pregnant employee, remember, you can’t really ask about the pregnancy or about her plans for after the baby is born.

However, you can get a vibe on how willing the applicant is to talk about and if she expresses interest in assuring she will be available throughout the pregnancy and after the baby is born.

You may not even know she is pregnant if she is in the early stages. If she tells you upfront, or at least during the offer negotiations, it’s a good sign that she is open, trustworthy and willing to discuss things with you as an employer. If she does tell you after an offer is made, you can’t take the offer back due to discrimination legalities.

If you decide to go with the employee who is pregnant, figure out what you’ll do while she is on leave.

Perhaps if she close to her due date, you might decide to wait for her to come on board after the baby is born and just make due or hire temporary help until then. If she is the one who fits the job best, hire her. If you can discuss her future plans and you have the feeling she will be a long-term part of your business, all the better.

Chances are if she is job searching while pregnant, she intends to keep the job once the baby is born.

You also don’t want to end up with a discrimination lawsuit, so be careful.