How and when to disclose pregnancy after a job offer

If you’ve just found out you're pregnant after a job offer, it can be confusing to know when and how to disclose the pregnancy to a new employer. As a professional, you’ve been hired for your abilities and the value you can bring to the organization. However, as an expectant mom, you may have concerns about how pregnancy will impact your new job and how the employer will react on hearing this news.

Having a full understanding of the legal and ethical implications of disclosing pregnancy after a job offer, as well as how to handle pregnancy-related conversations with prospective employers, can help you navigate this delicate situation. In this article, we’ll explore:

• Disclosing pregnancy after a job offer: legal rights and ethical obligations

• How should you disclose pregnancy after a job offer?

Disclosing pregnancy after a job offer: What are the legal rights and ethical obligations of pregnant job candidates?

The ideal hiring scenario would be that, whether you're pregnant or not, you’re viewed as fully committed to a job role and responsibilities following an offer of employment. However, society may not have the same view, which complicates a pregnant woman’s approach to the job search. 

So, if you find out you're pregnant in this situation, what are your legal rights? Are there ethical obligations related to disclosure that supersede narrowly defined legalities? Let’s find out more about disclosing pregnancy after a job offer by considering a few real-world scenarios.

Pregnant while interviewing for a job

If you’re pregnant at the time of a job interview, are you obligated to disclose it to the hiring manager? 

• Legally, no. The Pregnancy Discrimination Act of 1978 prohibits employers, and would-be employers, with 15 or more employees from making job decisions based on pregnancy, childbirth, or a related medical condition.

• Ethically, no. But if you are to the point where the pregnancy is visibly obvious and you don’t address it, you could send the wrong message. You want your potential employer to know you’re honest with respect to transparency and that you’ve considered how your pregnancy will impact your new role, availability, and future with the company long term.

Becoming pregnant shortly after beginning a new job

If you learn you’re pregnant after beginning a new job, do you have a responsibility to disclose it to your employer? 

• Legally, no. Employees cannot be discriminated against based on pregnancy. Discrimination could involve treating an applicant or employee unfavorably in any aspect relating to employment, including hiring, firing, pay, assignments, promotions, layoffs, training, employee benefits, and any other terms or conditions of employment. 

• Ethically, no. Women typically do not disclose pregnancy until the end of the first trimester. However, you should plan for conversations around maternity leave as your pregnancy advances to align with your employer on timelines, coverage, and return-to-work plans. 

Job includes timeline-dependent responsibilities

If you accept a job offer while pregnant, and your role has time-dependent responsibilities, such as the launch of a product range or delivery of a time-sensitive project, do you have an obligation to disclose your pregnancy ahead of time?

• Legally, no. As employees cannot be discriminated against based exclusively upon pregnancy, it is not required for you to disclose it at all, particularly if it may influence discrimination. 

• Ethically, maybe. If the timing of key pregnancy stages such as maternity leave, birth, and return to work disrupts important timeline-dependent responsibilities of your job, you have an unfair advantage in knowing this ahead of time. Whereas, your potential employer doesn’t have a clue and cannot begin to make any contingency plans. 

Confronted with obvious hiring bias while pregnant

It’s worth remembering that how an employer views and approaches accommodation of pregnancy and parenthood is something you should look at during the interview process with the same scrutiny as you would other core values—whether you’re pregnant at the time or not. If a hiring manager or employer openly expresses bias or doesn’t believe they are required to honor pregnancy-related accommodations, is that a place you really want to work?

How should you disclose pregnancy after a job offer?

As you can see, there are many ways to handle disclosing your pregnancy after a job offer, and the decision of how to do so is as unique as you are. As important, however, is that your hiring manager or prospective employer will similarly have widely varying views on the subject. Here’s some guidance on what you may want to consider in your decision-making process.

Before disclosing your pregnancy

Here’s some strategies to handling the period just before you disclose your pregnancy:

• Find out company policies on paid, family, and unpaid leave as well as related benefits so you have a full picture before you meet with your boss..

• Prepare a maternity leave plan that includes start and end dates, your accessibility, and a return-to-work plan. Create a hand-off, coverage, and transition plan for the person covering your maternity leave that includes key contacts, your responsibilities, and potential solutions.

• Choose an appropriate time for a disclosure discussion with your employer. Don’t forget to plan to discuss how to disclose your pregnancy to your colleagues and clients as well as how you will announce this information, whether in-person or via email. 

During your pregnancy at work

With pregnancy, everything can become about appointments, baby prep, birth plans, and breastfeeding, making you feel isolated, or like a split personality when in the workplace. Get connected to other pregnant working moms through community forums like What To Expect or Working Momkind. 

A successful start in a new job is the foundation for future success. Check out Career.io’s First 90-Days Plan to confidently navigate your new job, maximize productivity, and establish goals.

Key takeaways

1. Pregnant women not only have legal rights but also ethical obligations when it comes to disclosing their pregnancy to a potential employer.

2. Researching and planning before disclosing your pregnancy will prepare you for anticipated questions and make work and maternity discussions go more smoothly.

3. Pregnant mothers don’t have to feel isolated in the workplace and can connect with other working moms or join online communities of pregnant and working parents.