Pregnancy discrimination in the workplace is illegal under both federal and California law. However, it still happens—sometimes subtly, especially during the hiring process. If you are pregnant or planning to become pregnant, you have the right to be judged based on your qualifications, not your family plans. Knowing how to recognize pregnancy discrimination during job interviews can help you protect your rights and take action if needed.
What Is Pregnancy Discrimination?
Pregnancy discrimination occurs when an employer treats an applicant or employee unfavorably due to pregnancy, childbirth, or a related medical condition. Under the Pregnancy Discrimination Act (PDA) and California’s Fair Employment and Housing Act (FEHA), employers may not refuse to hire, demote, or treat someone differently because of pregnancy or the potential to become pregnant. During interviews, this form of discrimination or workplace harassment often appears through invasive questions, biased assumptions, or sudden shifts in tone once pregnancy becomes known.
Red Flags to Watch for During Job Interviews
Questions About Family Plans or Pregnancy Status
Interviewers cannot legally ask whether you are pregnant, trying to conceive, or planning to start a family. Examples of discriminatory questions include:
- “Do you have kids?”
- “Are you planning to take time off soon?”
- “Will you be able to handle this job while pregnant?”
- “What are your childcare plans?”
Even if phrased casually, these questions are inappropriate and may signal bias.
Comments About Physical Appearance or Energy
If an interviewer makes comments like, “You look tired—are you feeling okay?” or “This job requires a lot of energy; are you sure you can handle it?”, they may be making assumptions based on your pregnancy.
A Shift in Attitude or Questions After Disclosure
If you voluntarily mention your pregnancy and the interviewer suddenly becomes cold, short, or uninterested, this could be a sign of discrimination. Likewise, if the tone changes from professional to dismissive or overly cautious, it may indicate bias.
Concerns About Absences or Leave
If the interviewer focuses heavily on attendance, asks how long you plan to work before taking leave, or brings up the inconvenience of covering shifts, it may signal reluctance to accommodate your legal rights.
Failure to Offer the Job After Positive Interaction
If you receive strong signals that you are a leading candidate—only to be rejected after disclosing pregnancy or fielding illegal questions—you may have been discriminated against.
What Can I Do if I am Discriminated Against?
If you suspect employment discrimination during a job interview, take these steps:
- Document the Interview: Write down everything that was said, including the names of those present, the questions asked, and the interviewer’s reactions.
- Save Emails or Messages: Keep written communications that support your claim.
- File a Complaint: You can file a charge with the California Civil Rights Department (CRD) or the U.S. Equal Employment Opportunity Commission (EEOC).
- Consult an Employment Attorney: A pregnancy discrimination lawyer in Los Angeles can assess your case, explain your options, and help you pursue compensation or corrective action.