Do you have to tell a potential employer that you are pregnant?

UPDATED: Sep 8, 2011

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Do you have to tell a potential employer that you are pregnant?

And can they turn you down because of it?

Asked on September 8, 2011 under Employment Labor Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, you don't have to tell your employer that you are pregnant.

They cannot generally turn you down because you are pregant. There are, however, some exceptions:

1) They don't have to hire you--and shouldn't!--for a position hazardous to the health of a pregnant women or her fetus, such as a position involving radiation, certain chemicals, or possibly certain extreme physical activity you cannot do safely.

2) If there is something critical for the position which you will not be able to do because of your due date or travel restrictions, that may entitle them to not hire you--for example, say that the job will involve a trip to Thailand on/around you due date.

Note that employers are not required to provide maternity leave, unless the company (and you) meet the requirements of FMLA leave.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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