Do I Have to Tell a Potential Employer That I'm Pregnant?

Looking for a new job while pregnant can raise a lot of questions, especially when it comes to what you must disclose during the hiring process.

Many people worry about whether they're legally required to tell a prospective employer that they are expecting, and what might happen if they choose not to.

The good news is that federal and state laws offer strong protections for pregnant workers and job applicants.

This article explains your rights and helps you understand how to navigate the job search while pregnant.

No Legal Duty to Disclose Pregnancy

One of the most common questions is whether you have to tell a potential employer that you're pregnant. The answer is simple: no. You don't have any legal obligation to disclose your pregnancy during a job interview or hiring process.

Your health information, including pregnancy, is private. Employers cannot require you to share this information, nor can they legally ask you if you are pregnant or planning to become pregnant.

Some applicants may worry that withholding the information is dishonest. In reality, you are under no duty to volunteer personal medical details that do not affect your ability to do the job. You are entitled to be judged on your qualifications, skills, and experience.

Legal Protections for Pregnant Job Applicants

Several federal laws protect job applicants and employees from pregnancy discrimination:

• Pregnancy Discrimination Act (PDA). This law is part of Title VII of the Civil Rights Act of 1964. It makes it illegal for employers with 15 or more employees to discriminate against applicants or employees based on pregnancy, childbirth, or related medical conditions.

• Americans with Disabilities Act (ADA). While pregnancy itself is not considered a disability, certain pregnancy-related complications may qualify for protection under the ADA. This law requires employers to provide reasonable accommodations to applicants or employees with disabilities.

• Family and Medical Leave Act (FMLA). If you are hired by an eligible employer, you may be entitled to take unpaid leave for childbirth and to care for a new child.

Together, these laws prevent employers from refusing to hire you because you are pregnant, as long as you can perform the essential functions of the job.

What Employers Can and Cannot Ask

During the hiring process, employers must focus on your ability to do the job, not your personal life. That's true even if you walk into the interview room with a noticeable "bump."

Here are some key points:

• Employers can't ask if you are pregnant, trying to become pregnant, or planning to start a family.

• Employers can ask whether you are able to perform specific job duties, such as lifting, traveling, or working certain hours. These questions must be asked of all candidates, not just women or those who appear pregnant.

• If you voluntarily disclose your pregnancy, employers must treat that information as confidential and can't use it against you in the hiring decision.

It's Not Required, But Should You Tell an Employer Anyway?

Even though you are not legally required to disclose your pregnancy, you may wonder whether it makes sense to share the information. The answer depends on your comfort level and the circumstances:

Why You Might Wait

Some applicants prefer not to disclose pregnancy to avoid bias or awkwardness during the hiring process. Since discrimination can be difficult to prove, keeping the information private may feel safer.

Why You Might Disclose

If you will need immediate accommodations, such as time off for medical appointments or restrictions on lifting, you might choose to be upfront. Being honest about your needs early can help you assess whether the employer is supportive.

There is no one-size-fits-all answer. Ultimately, the choice is yours, and the law is on your side either way.

Negotiating Benefits

If you are pregnant when offered a job, you may want to ask about parental leave policies, short-term disability benefits, or flexible scheduling options. Asking about these benefits is completely appropriate and does not require you to disclose your pregnancy status.

Next Steps If You Face Pregnancy Discrimination

If you believe you were denied a job or treated unfairly because of pregnancy, you have the right to take action. First, check state and local laws. Many states have additional protections that may give you more time to file a complaint or more remedies if you win.

Then, if you're thinking of filing a claim, consult an employment lawyer.