Pregnancy Tests & Job Interviews: Is it Legal?

Pregnancy Tests in Job interviews: Illegal and Subject to Sanctions, Experts Warn

In a stark warning to employers, legal experts are emphasizing that demanding a pregnancy test during job interviews is not only illegal but can also lead to severe penalties. the Constitutional Court has firmly established that such practices violate fundamental rights, possibly leading to criminal sanctions.

illegality of Pregnancy Tests During Hiring Process

Asking a female job applicant to undergo a pregnancy test as part of the occupational exams is against the law. Jesús Albrey González Páez,Ceo of González Páez Abogados,explained that this demand “violates fundamental rights within the Labor Code,among which is the right to privacy and free personality growth.”

Simón Delgado,associate of PPU,highlighted that Constitutional Court Resolution 1843 of 2025 reinforces this stance. The resolution explicitly prohibits employers from requesting pregnancy evidence as a condition for employment or continued employment.

Sanctions for Violators

Companies that violate these regulations face significant repercussions. Apart from potential criminal punishment,the ministry of Labor can impose considerable fines.

Delgado pointed out that article 22 of Resolution 1843 of 2025 stipulates fines of up to 2445 Uvt, equivalent to $121,758,555, for employers who request a pregnancy test during hiring or employment without justifiable risks to the mother or baby.

Given that demanding such tests can be seen as discriminatory, companies must provide compelling evidence to prove that the request was based on genuine risk situations.

Pro Tip

document every step of the hiring process. Should a question arise, having a clear record can help demonstrate compliance with labor laws and protect against accusations of discrimination.

Legal Recourse for victims

Individuals subjected to these illegal demands have several legal avenues available. González explained that a person whose fundamental rights, like work or privacy, are violated can pursue a guardianship action or file a complaint with the Ministry of Labor.

This can trigger an administrative investigation and lead to the imposition of sanctions. Moreover, workers can file an ordinary lawsuit seeking recognition of the employment relationship, reimbursement, damages, and payment of lost wages and benefits if labor discrimination occurred.

Exceptions to the Rule

There are limited exceptions where a pregnancy test might be permissible. Delgado clarified that if the job functions pose a real or potential risk to the pregnancy, the company must prioritize the woman’s welfare.

In such cases, employers can request the test, but only with the mother’s prior consent, allowing her to select the medical laboratory.

Did You Know?

Article 239 of the Substantive Labor Code shields pregnant women from labor dismissal. Employers cannot terminate a worker’s employment becuase of pregnancy or breastfeeding without the Labor Inspector’s authorization.

dismissing a woman in a state of pregnancy or within 18 weeks after childbirth can expose the company to legal actions, according to González.

Protection Against Unfair Dismissal

Article 239 of the Substantive Labor Code protects pregnant women from being dismissed without due cause. Dismissing a pregnant worker or a new mother within 18 weeks after childbirth can lead to legal action.

What steps should companies take to ensure they comply with these regulations? How can individuals better protect their rights during the hiring process?

Issue	Legal Consequence
Demanding Pregnancy Test	Fines up to $121,758,555 and potential criminal charges
Wrongful Termination	Reinstatement of employee, back pay, and damages
Violation of Privacy	Lawsuits and administrative sanctions

Evergreen Insights on Employment Rights During Pregnancy

Understanding your rights as a pregnant worker or job applicant is crucial. Employers must provide reasonable accommodations to qualified employees affected by pregnancy, childbirth, or related medical conditions, unless it causes undue hardship to the business, according to the Pregnant Workers fairness Act (Pwfa).

the Pwfa, effective June 27, 2023, applies to employers with at least 15 employees and covers a wide range of accommodations, such as modified work schedules, light duty, and time off for medical appointments.eeoc.gov

Frequently Asked Questions

• Is it legal for a company to demand a pregnancy test during a job interview?

  No,the Constitutional Court has ruled that demanding a pregnancy test as part of a job interview is illegal and a violation of fundamental rights.

• What are the potential sanctions for requiring illegal pregnancy tests?

  Companies that require illegal pregnancy tests may face criminal sanctions, significant fines from the Ministry of Labor, and potential lawsuits.

• Under what circumstances can an employer request a pregnancy test?

  An employer may request a pregnancy test only if the job functions pose a real or potential risk to the pregnancy and with the prior consent of the applicant, who gets to choose the medical laboratory.

• What legal actions can an individual take if a company demands an illegal pregnancy test?

  An individual can file a guardianship action or a complaint with the Ministry of Labor, leading to an administrative investigation and potential sanctions. They can also file a lawsuit seeking compensation for damages.

• How are pregnant workers protected from wrongful termination?

  Labor laws prevent the firing of a worker due to pregnancy or breastfeeding without authorization from the Labor Inspector. Terminating a pregnant woman or a new mother within 18 weeks of childbirth can lead to legal action.

• What does Resolution 1843 of 2025 state about pregnancy evidence?

  Resolution 1843 of 2025 reiterates that employers cannot request pregnancy evidence as a requirement for employment or continued employment, limiting these tests in occupational medical exams.

Share your thoughts and experiences in the comments below. Have you or someone you know faced similar situations? Let’s discuss!

Disclaimer: This article provides general legal information and should not be considered legal advice. Consult with an attorney for advice tailored to your specific situation.

If an employer asks about your plans for family or pregnancy during a job interview, what is the best way to respond?

Pregnancy Tests & Job Interviews: Unpacking the Legal Landscape

Navigating the job market while pregnant or planning a pregnancy can feel overwhelming. One meaningful concern is the legality surrounding pregnancy tests and related questions during job interviews. This article provides a extensive overview of your rights, clarifying whether employers can demand a pregnancy test and discussing potential scenarios related to pregnancy discrimination. Consider this a guide to protect your rights as an employee and prepare for any situation you enter.

The Legality of Pregnancy Tests in the Workplace

The central question is: Can an employer ask you to take a pregnancy test? The answer, governed primarily by federal laws such as the Pregnancy Discrimination Act (PDA) of 1978 and the Americans with Disabilities Act (ADA), is generally NO.

Federal Laws and Pregnancy Discrimination

The Pregnancy Discrimination Act (PDA), an amendment to Title VII of the Civil Rights Act of 1964, prohibits discrimination based on pregnancy, childbirth, or related medical conditions. This means:

• An employer *cannot* discriminate against a woman because she is pregnant, has had an abortion, intends to have a baby, or is in the process of becoming pregnant.
• Employment decisions (hiring, firing, promotions, demotions) must not be influenced by pregnancy.

The ADA also plays a role if the pregnancy is considered a temporary disability.

Exceptions to the Rule (Rare)

There are extremely limited exceptions to the general rule against mandatory pregnancy testing. These exceptions often arise when workplace safety is a critical concern, and only where there’s a demonstrable and significant risk to the employee or others. Such as, if the job involves exposure to hazardous chemicals that could harm a fetus or if the job responsibilities directly affect public safety this could be taken as a valid point. However, employers must be very careful, and such tests need to be applied equally to all employees, regardless of gender, if these kinds of substances could have similar negative effects to any workers.

Frequently asked Questions About Pregnancy & Interviews

can an Employer Ask If You Are Pregnant During an Interview?

Generally speaking, employers are restricted from asking about your pregnancy status during a job interview. Such questions are viewed as direct violations of anti-discrimination laws. Questions about family plans or if your planning on having a family must not be asked, or they might potentially be illegal too if they are discriminatory.

What Should you Do If Asked About Pregnancy During an Interview?

If an interviewer asks about your pregnancy or family plans, you don’t have to answer, and you should not be threatened or pressured in any way.

• Polite Refusal: You can politely decline to answer the question,stating it isn’t relevant to the job.
• Redirect: You might redirect the conversation to your skills and qualifications.
• Consult Legal Advice: Consider contacting an employment lawyer or the Equal Employment Chance Commission (EEOC) if you feel discriminated against.

Pregnancy Discrimination Case Studies

Real-world scenarios highlight the importance of understanding your rights and potential legal recourse.

Examples of Pregnancy Discrimination Cases:

case Scenario	Outcome	Legal Basis
An employee was demoted after informing her employer of her pregnancy.	Found in favor of this worker, and the employer had to pay fees.	Pregnancy Discrimination act (PDA) – Discrimination
A job offer was rescinded after pre-employment pregnancy tests that were conducted only on women.	The rescinding of a job offer was considered an illegal decision.	Discrimination-based on gender, violates PDA
an employee was fired soon after announcing her pregnancy, with no prior performance issues.	The firing was found to be illegal.	PDA – Wrongful Termination

Consulting with an experienced employment lawyer is crucial for understanding the specifics of your situation and determining the best course of action if you feel discriminated against.

Additional Tips for Pregnant Job Seekers

Preparation and Strategy

Planning for your job search involves several steps to protect your rights.

• Know Your Rights: Be aware of the laws and regulations regarding pregnancy discrimination in your area.
• Review Interview Tactics: Think beforehand about how you’ll respond to possibly discriminatory questions.
• Document Everything: Keep records of all interactions, including interview questions, emails, and any concerning statements.
• Search Online Law: Conduct additional searches using search terms like “Pregnancy Discrimination Act” to build your knowledge.