Does an employer violate any law if they ask an applicant whether she is pregnant or intends to become pregnant?
Minneapolis employment and labor law attorney, Mary Krakow, shares how employers should approach potential employees who are pregnant.
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Yes, employers do violate both federal and state law if they ask applicants if they are pregnant, of course, it’s going to be a female applicant, or intend to become pregnant. That’s one of those prohibitive questions under both federal and state antidiscrimination law. Two things there that I think employers need to keep in mind. The first is, be sure to train everybody who is going to be interviewing applicants so that the person doing the interviewing knows what questions are off limits. And asking a female applicant are you pregnant, do you intend to be pregnant, totally off limits.
And the other thing, as part of that training I think managers, supervisors, everybody who does interviewing needs to be trained that an interview is not a social function. It is a business meeting and keep the questions business focused and that will help to avoid those prohibited questions.