Hired One Who Didn’t Disclose She Was Pregnant!

Question to Ask the Workplace Doctors about failure to say she was pregnant:

Candidate did not mention that she was pregnant until after she was hired. Her responsibilities were to take over for the manager on maternity leave. If she cannot fulfill these duties, how do we prevent discrimination accusations?

Signed, Problems Ahead

Dear Problems Ahead:

Did you inform the candidate that she was a temporary replacement for a manager on maternity leave? Secondly, if she is a “temp”, did you inform her how long the position would last? Third, did you ask her if there was anything that would prevent her from performing the assigned tasks during this period? These are just some of the questions that must be answered before advice can be given. Please provide what both parties in the hiring process said.Reply: She was hired for a full-time manager trainee position; the replacement assignment was to be a possibility. Regarding the ability to perform tasks, I realized that we don’t address that on our application. I don’t think it was mentioned. The district manager that hired her had high hopes for her (fast track), and spoke with her about this during the interview. He sees problems ahead…I feel that we should proceed as though we hired a new employee who then became pregnant. His complaint was that during the interview, this candidate was going to be totally available to ease the workload. I realize that he is worrying prematurely, but we want to avoid her getting some sort of “free ride.” Signed, Problems Ahead More Advice:

You don’t address that in your application because it’s discriminatory. You CAN ask if there is anything that prevents the prospective employee from performing any and all the tasks assigned. Secondly, you asked if tithe prospective candidate could get to work on time everyday. Did the manager takes notes during his interview, specifically, did he write down what she said “is going to be totally available to ease the workload.” Third, check her ability to qualify for FMLA. Most likely, she will not. Fourth, did you explain to her that she is a TEMP and NOT a full-time manager trainee? If you said she was, then she’s not a temp or a temp replacement for the person on FMLA.

Good luck to you. Working for the mutual interest of those employed and the organization is WEGO mindedness and benefit. Please feel free to keep us posted on what transpires.

Guest Respondent, Dan Kearney, HR Manager