Non-employment due to pregnancy

Case example:
Derya is in the 10th week of pregnancy and is seeking a part-time job. After invitation to an initial interview, she regularly receives rejections as soon as she discloses her pregnancy.

This is what you can do in such a case:

1. Do not give up in your hunt for a job! There are employers who value your qualifications more highly than your family situation.

2. A pregnancy does not have to be disclosed during a job interview.

3. If your pregnancy does become a topic during the interview:

- Make it clear: a pregnancy is not an illness and, in general, you are able to perform all work tasks until the birth.

- Explain to the employer that you will continue to do good work after your maternity leave.

- Set out for the employer how the childcare will be organised.

4. If it does come to a rejection, demand a written justification on why you were not hired (art. 8, section 1 GlG, for private employment contracts).

5. If you suspect discrimination due to your pregnancy, you must initiate an arbitration within three months of receiving the justification (How does this work?). In doing so you can demand compensation amounting to three months of pay (art. 5 section 2 and 4 GlG, art. 8 section 2 GlG). However, you cannot demand to be hired.

Good to know:

> Impermissible questions in a job interview are those regarding health, pregnancy, family planning or religion that bear no direct relation to the occupational activity. In general: impermissible questions do not have to be answered.

> Questions on organisation of childcare are permissible if they are asked of all employees (including men).

> You can counter impermissible questions with a question of your own: "Why is this question important to the future role?" or "Do you ask men these questions as well?"

> Exceptions: if your physical condition plays a significant role in the future role (e.g. as a cycle courier, yoga teacher or actor) or if it is a question of a timely completion of an important transaction, then questions on pregnancy or health should be answered.

Non-employment due to pregnancy or motherhood is discriminatory (art. 3 GlG).