Job Interview

crazy cat lady

Hi,

My friend is in the very early stages of pregnancy and has a job interview tomorrow. I'm just wondering if you need to declare that you are pregnant at a job interview? I told her that I didn't think it was necessary to tell them at the interview, but she isn't so sure.

Anyone know?

Thanks

Mr. Loverman

Is it a small company or a multi-national?

Newaglish

You don't have to tell them and it's illegal for them to ask.

tinnuvial

While companies aren't legally allowed to discriminate against pregnancy, they will of course have it in their minds if she tells them, and it will be harder to get the job. They can't ask, and she is under no obligation to tell them.

Having said that if she doesn't tell them in advance then the employment relationship gets off to a bad start because they will feel lied to.

One possible option is to tell them at the second interview or wait until she gets a job offer and then tell them before signing. That way they don't feel she hid it until after she started but she will still have a good chance of getting the job.

crazy cat lady

Thanks

Thats what I told her. I know they would find some reason not to employ her if she told them at the interview, and the pregnancy is still so early that she could lose the baby yet and end up with no job and no baby!

I think it would be very fair to tell them if a job offer is made. I'm sure they couldn't legally retract the offer just because she is pregnant.

Out of curiosity, why would it matter if it was a small company or a multinational?

PARARORY

the pregnancy is still so early that she could lose the baby yet and end up with no job and no baby!

Excellent way to look at the situation...... :pac:

tinnuvial

Yes, it probably would make a difference. Multinationals have more staff, its all a bit more impersonal and they are more used to dealing with that kind of situation.
Absence in a small company makes a huge difference and the managers can take it quite personally. I've worked in both and if I was in her situation I'd prefer to be going into a multinational.

crazy cat lady

PARARORY wrote: »

Excellent way to look at the situation...... :pac:

Its a realistic way to look at the situation. Pop your head into the parenting forums sometime and see how many pregnancies don't work out.

Thanks for your help peeps

Kid Curry

crazy cat lady wrote: »

Out of curiosity, why would it matter if it was a small company or a multinational?

To answer your question, there's a huge difference between small owner managed businesses and a multinational. Imagine you are a small business owner and you hire a someone and in six months they turn around and tell you they're pregnant. You must give them maternity leave, you must keep the job open for them to return to and meanwhile you have to try and find someone willing to work a short term contract, retrain them and let them go at the end of the contract. That costs time and money.

In an multinational, the people who work their are just employees, it's not their money and they don't have the same level of involvement as an owner managed business. If somone goes on maternity leave, there's a HR dept to deal with it.

You can also have a look at this thread here.

girlyhappyface

I was at a job interview last week and I was asked did I have any health issues they should be aware of... I think if they ask a question like this, your friend would be required to disclose her pregnancy!

tinnuvial

Girly is right, if she is asked that question she'd have to tell them or they could terminate her employment for lying during the application process. Not that many places do ask it though.

Fries-With-That

girlyhappyface wrote: »

I was at a job interview last week and I was asked did I have any health issues they should be aware of... I think if they ask a question like this, your friend would be required to disclose her pregnancy!

I don't think that a pregnancy should be classed as a health issue.

If you were pregnant and you didn't disclose it to a prospective employer I think it would be illegal for them to use is as a basis for any disciplinary action at a future date

If a mans partner is pregnant should he say in an interview that his partner is pregnant and he may at some stage in the future require parental leave.

Pregnancy is not a health issue AFAIK.

Interesting to see what the view of an employer/employee expert thinks.

Newaglish

Fries-With-That wrote: »

Interesting to see what the view of an employer/employee expert thinks.

I already posted, but anyway

The Employment Equality Acts 1998 and 2004 prohibit employers from discriminating on the basis of gender. One of the forms of discriminating on the basis of gender, is to discriminate against women who are pregnant.

For more detail see this case:
http://www.equalitytribunal.ie/index.asp?locID=93&docID=1072
An employee had her second interview for a retail position cancelled after the employer was informed that she was pregnant. It was found that the employer discriminated against the individual contrary to the Equal Treatment Directive and the Employment Equality Act, 1998 when her second interview was cancelled. The employer was ordered to pay compensation of €7,000.

They're not allowed to ask you that question (they really never would!) and you can politely refuse to answer. Once they have asked the question, if you don't get the job (regardless of your answer), you have an immediate claim for discrimination.

That being said, if it is a small organisation the way that she informs the employer should be handled very tactfully as to not make them feel as if you had tricked or deceived them by not informing them. (Even though it is illegal for them to do anything about it, it is important to maintain a good working relationship)

Newaglish

girlyhappyface wrote: »

I was at a job interview last week and I was asked did I have any health issues they should be aware of... I think if they ask a question like this, your friend would be required to disclose her pregnancy!

tinnuvial wrote: »

Girly is right, if she is asked that question she'd have to tell them or they could terminate her employment for lying during the application process. Not that many places do ask it though.

Wrong and double-wrong I'm afraid!

They are allowed to ask you if you a medical condition that precludes you from work as extended absence due to illness can be reasonable grounds for dismissal as the employee is unable to carry out their duties. However, the rights of pregnant women are protected in Irish and EU law and I would really love to go to the equality hearing where an employer explicitly states they fired someone for being pregnant!

tinnuvial

I didn't say they'd terminate her for being pregnant, I said they'd terminate her for lying during the application process. Quite a few companies have clauses in offers, application forms and contracts saying that if you are later discovered to have lied you can be terminated.
And they don't only have to ask about health. They can ask if there is any 'issue' or any 'condition' or reason you would not be able to perform the job duties. Lots of employers can come up with reasons to hire somebody else without referencing the pregnancy at all. She might not actually be the best candidate at the end of the day. Yes, they are in an awkward position if it gets mentioned at all and if she doesn't get the job she can probably hope for some type of payout. However, for some employers it is worth the risk.

crazy cat lady

tinnuvial wrote: »

They can ask if there is any 'issue' or any 'condition' or reason you would not be able to perform the job duties.

In fairness there are very few jobs out there that a woman couldn't perform when pregnant and I'm sure most women would have the cop on to realise when a job is not going to be suitable and not apply for it.

Pregnancy is not an illness or a condition which restricts your working capabilities. I worked in a very physically and emotionally demanding job until very late in my pregnancy. Yes it was hard on me, but it didn't stop me doing my job.

If you apply for a job in a small company which is quite a professional position and you have all the qualifications and skills that actually make you the very best person for the job, then why shouldn't you go for it. Yes the employer will have to find temp cover while the woman takes time off for a few months, but if they have the best person back fulfilling that role at the end of the day, surely that counts for something?

Newaglish

tinnuvial wrote: »

I didn't say they'd terminate her for being pregnant, I said they'd terminate her for lying during the application process.

Yes, and what I'm saying is that this is wrong. You can't terminate someone for not disclosing their pregnancy, no matter what clauses you have in their contract.

Eoin

Fries-With-That wrote: »

If a mans partner is pregnant should he say in an interview that his partner is pregnant and he may at some stage in the future require parental leave.

There's no such thing in Ireland for men (though some companies might voluntarily give a day or two). They can only use their annual leave if their partner has a child - and even then, it's up to the employer to grant it.

crazy cat lady wrote:

Pregnancy is not an illness or a condition which restricts your working capabilities

True - although it can mean a good bit of time off work before the maternity leave kicks in, and for a small company that could be hard to manage.

tinnuvial wrote:

I said they'd terminate her for lying during the application process.

They'd be hung out to dry if they did that I reckon.

crazy cat lady

Just an update!

She had the interview and didn't say anything about the pregnancy. She knew she was having a scan yesterday so she'd wait and see what happened before she said a word.

Anyway, she got offered the job on Thursday - happy days! Said she'd read over the contract over the weekend before committing, knowing that she was having a scan the next day. If all was well she had planned on telling the potential employer before accepting the job.

The scan showed that the pregnancy had not progressed, so now she has the job and the pregnancy doesn't have to be mentioned at all.

I'm sure she'd rather have the baby over the job any day, but at least there is a silver lining.