One CEO accused employers of “living in the dark ages”
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When it comes to job interviews, there are certain questions that recruiters need to approach carefully and considerately.
Having said that, a new report from British body YouGov, on behalf of the Equality and Human Rights Commission, has found that six in 10 UK employers (59%) believe that a female candidate should have to disclose whether she’s pregnant at some point during the hiring process.
Furthermore, 46% of employers interviewed think it’s reasonable to ask female candidates if they have young children. By 1,000 decision makers, the report sought to uncover the mindsets of business leaders and better understand their thoughts on pregnancy discrimination.
Rebecca Hilsenrath, CEO of the Equality and Human Rights Commission, accused employers of “living in the dark ages” when it comes to the rights of new mothers in the workplace.
“We should all know very well that it is against the law not to appoint a woman because she is pregnant or might become pregnant. Yet we also know that women routinely get asked questions around family planning in interviews.
“It’s clear that many employers need more support to better understand the basics of discrimination law and the rights of pregnant women and new mothers.”
44% of employers asked said they believe a woman should work for the company for at least one year before deciding to have children. A further 40% claim to have seen a pregnant employee “take advantage” of their pregnancy, with one third assuming that a woman who becomes pregnant is “generally less interested in career progression”.
In Ontario, according to the OHRC, “the right to equal treatment in employment because of sex prohibits pregnancy-related questions during a job interview”. An employer cannot ask a female candidate if they are pregnant, or if they plan on having children in the future, unless “it relates to a reasonable and bona fide job requirement”.
Human Rights at Work 2008 - Third Edition clearly states: “At the interview stage, the employer may expand the scope of job-related questions, if needed, to learn the applicant's qualifications or ability to perform the essential duties with accommodation. However, it may suffice for an employer to indicate that the accommodation process will be discussed following a conditional offer of employment.
“Employers can refuse to hire someone based on pregnancy if they can show that this is reasonable, done in good faith and based on the nature of the job. However, to benefit from this exception, employers must show that the essential qualifications or requirements of the job cannot be changed or accommodated without creating undue hardship, considering excessive costs or health and/or safety risks.”
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