The rules for telling a potential employer about a pregnancy are similar to telling a current employer. A woman is not obligated to divulge that she is pregnant until the fifth month, except in a case where the pregnancy affects the job, for instance, if the job requires physical exertion or exposure to dangerous chemicals. If the woman is interviewing for a specific amount of time or for a project with a deadline which will be affected by her maternity leave, she is required to disclose her pregnancy before accepting the job.
If a woman does mention in the hiring process that she is pregnant, the employer is legally not allowed to discriminate against her when deciding whether to hire her. However, this type of discrimination still happens, since employers are worried about being left high and dry soon after training and onboarding a new employee. And it’s hard to prove that you weren’t hired due to your pregnancy, since the company can claim that there were better candidates or that you weren’t hired for other professional reasons.
Is it a good idea to keep a pregnancy to yourself?
You might feel that it’s dishonest not to let the employer know you are pregnant and that you want to start your working relationship with complete honesty. Before you decide to let them know, keep in mind that the law recognizes that pregnancy is a private matter and need not be shared until it’s relevant to the workplace. There have been enough cases of companies rescinding offers when they hear about a pregnancy (despite it being illegal), so it’s not really worth the risk.
There are some women who feel that disclosing their pregnancy is a good way to test whether the company will be supportive of pregnancy, maternity leave and parenting issues. If you’re thinking this way, consider how much you need a job. If you’re willing to wait it out until you find a super-supportive employer, by all means, tell them you’re pregnant. But if you need a salary now, worry about their supportiveness later. Take the job, enjoy your legal rights, and if the job isn’t a good fit for the work-life balance you need, you can always leave at a later date.
Bottom line, a potential employer is not allowed to ask you questions about pregnancy or discriminate based on it before the fifth month, and you are fully within your rights not to tell them until you are five months along.