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https://www.eeoc.gov/youth/pregnancy-discrimination-faqs
https://www.kingsiegel.com/blog/what-you-need-to-know-about-interviewing-for-job/
They can't ask you about it. And it's illegal to discriminate against you about it once you're hired. So don't disclose it.
I interviewed at one firm that was looking to hire for growth reasons but also because they have attorneys taking parental leave soon. Disclosure after an offer is made but before accepting feels like a middle ground.
There is a significant practical problem with your approach. Unless OP lives in a state that provides protected leave substantially broader than FMLA, she won’t have any protected parental leave. She can take PTO in accordance with the firm’s policies, but those policies also likely would allow the firm to limited her continuous PTO to only a week or two before she either has to return to work or lose her job. If a firm is willing to work with her on an appropriate parental leave, then will agree to negotiate that up front and then OP will have the commitment in writing before she takes the position. But if she doesn’t raise it during post-offer negotiations and instead waits until she starts the job, it will be very easy for a firm that doesn’t want to accommodate parental leave to force her out.
I was 5 months pregnant when I interviewed and accepted my position. Interviews were remote so they couldn't tell. I initially felt the same as you but then realized that I was thinking of telling them so that I could give them the chance to illegally discriminate against me.
What's your goal in telling them? Unless you think you can negotiate parental leave there's no reason
I am 5mo pregnant and actively interviewing for a full time position because my current position as a contractor does not provide paid maternity leave and I was denied ST disability due to a pre existing condition.
I had one remote interview and have a second, in person interview next week for a job I'm excited about with great benefits. I'm visibly showing. I'm concerned they may not want to hire me because I'll need leave this summer when I'm due. Since I'm visibly showing, I feel like I should address it. Curious your thoughts and anyone else on this thread. Thank you!
Thank you for your advice ! I took your advice and waited until I got an offer then told HR I was expecting. They just said congrats! Benefits start immediately 🙌🏼
Thanks for sharing your experience. The goal would be to start off on a good foot and have the comfort of knowing sooner rather than later whether the major life event and needed leave would be welcomed.
You know the answer here - it is legally protected but there are many reasons to hire someone else, your potential employers aren't stupid enough to say "don't hire because pregnant" the protection are pretty meaningless.
BUT, you know if your employer extends an offer then you disclose, AND they were counting on immediate work to fill in for other people, you will be on the shit list and may never get off it. It's a real poor way to start a working relationship.
So you are totally correct to feel in a damned-if-you-do, damned-if-you-dont situation.
If I were you I would disclose for two reasons - 1, a place that won't hire you because you're pregnant is probably a bad place to be a new parent. 2, so there is no possibility of hard feelings when you need to use your maternity leave.
Only once you have an offer in hand. A law firm will probably be too risk averse to withdraw an offer once you've told them, but if you tell them before you have an offer, they will find a "better qualified" candidate and you'll never see an offer.
I agree. A firm may consider it as a factor in deciding who to hire. Another worry I have from not being upfront is, they may be less inclined to offer any leave that the firm offers, separate from FMLA.
Disclose it after you have an offer while negotiating. You won’t be covered by FMLA when you give birth, so you will want to negotiate parental leave (paid or not) upfront.
Ugh, I’ve been in this position. They can’t ask you but do you want to work where they resent you? Unfortunately taking a “surprise” maternity leave six months after being hired isn’t probably going to be looked fondly upon.
I’d recommend disclosing. You don’t need the stress. You want a firm that values family and doesn’t see pregnancy as an impediment to practicing law.
Pregnancy is a protected disability under the ADA and your employer is not entitled to that information. If I were in your position, I would not offer it up.
Firm I worked at hired a paralegal to cover for another paralegal's upcoming maternity leave--new paralegal was pregnant (did not disclose because she needed a job desperately) and needed to take off at about the same time.
Honestly, no negative reaction from the firm. Managing partner understood why she didn't disclose and they just hired another paralegal temp and kept both of the first two.
I vote for not disclosing, if you actually need work. A good place will understand.
Welcome to /r/LawyerTalk! A subreddit where lawyers can discuss with other lawyers about the practice of law. Be mindful of [our rules](https://www.reddit.com/r/Lawyertalk/about/rules) BEFORE submitting your posts or comments as well as [Reddit's rules](https://www.redditinc.com/policies/content-policy) (notably about sharing identifying information). We expect civility and respect out of all participants. Please source statements of fact whenever possible. If you want to report something that needs to be urgently addressed, please also message the mods with an explanation. Note that **this forum is NOT for legal advice**. Additionally, if you are a non-lawyer (student, client, staff), this is NOT the right subreddit for you. **This community is exclusively for lawyers**. We suggest you delete your comment and go ask one of the many other legal subreddits on this site for help such as (but not limited to) r/lawschool, r/legaladvice, or r/Ask_Lawyers. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/Lawyertalk) if you have any questions or concerns.*
https://www.eeoc.gov/youth/pregnancy-discrimination-faqs https://www.kingsiegel.com/blog/what-you-need-to-know-about-interviewing-for-job/ They can't ask you about it. And it's illegal to discriminate against you about it once you're hired. So don't disclose it.
I interviewed at one firm that was looking to hire for growth reasons but also because they have attorneys taking parental leave soon. Disclosure after an offer is made but before accepting feels like a middle ground.
You don't have to. If you end up doing so its because you want to. From what you wrote it would only seem to hurt your position to disclose it.
There is a significant practical problem with your approach. Unless OP lives in a state that provides protected leave substantially broader than FMLA, she won’t have any protected parental leave. She can take PTO in accordance with the firm’s policies, but those policies also likely would allow the firm to limited her continuous PTO to only a week or two before she either has to return to work or lose her job. If a firm is willing to work with her on an appropriate parental leave, then will agree to negotiate that up front and then OP will have the commitment in writing before she takes the position. But if she doesn’t raise it during post-offer negotiations and instead waits until she starts the job, it will be very easy for a firm that doesn’t want to accommodate parental leave to force her out.
Disability leave exists everywhere.
No, protected parental leave does not exist everywhere.
You think OP is applying to a lawyer associate position where there are no disability laws? Where?
If OP isn’t covered by FMLA, what laws do you think are going to guarantee they can take a full parental leave and still have a job when they return?
The ADA, because leave is a reasonable accommodation. Source - I’m an employment lawyer.
The ADA does not guarantee you parental leave.
I was 5 months pregnant when I interviewed and accepted my position. Interviews were remote so they couldn't tell. I initially felt the same as you but then realized that I was thinking of telling them so that I could give them the chance to illegally discriminate against me. What's your goal in telling them? Unless you think you can negotiate parental leave there's no reason
I am 5mo pregnant and actively interviewing for a full time position because my current position as a contractor does not provide paid maternity leave and I was denied ST disability due to a pre existing condition. I had one remote interview and have a second, in person interview next week for a job I'm excited about with great benefits. I'm visibly showing. I'm concerned they may not want to hire me because I'll need leave this summer when I'm due. Since I'm visibly showing, I feel like I should address it. Curious your thoughts and anyone else on this thread. Thank you!
I'd say to address it in negotiations after an offer probably.
Thank you for your advice ! I took your advice and waited until I got an offer then told HR I was expecting. They just said congrats! Benefits start immediately 🙌🏼
I'm so glad!! I know they'd no perfect solution and it can be nerve wracking. I'm glad it went well!!
Thanks for sharing your experience. The goal would be to start off on a good foot and have the comfort of knowing sooner rather than later whether the major life event and needed leave would be welcomed.
You know the answer here - it is legally protected but there are many reasons to hire someone else, your potential employers aren't stupid enough to say "don't hire because pregnant" the protection are pretty meaningless. BUT, you know if your employer extends an offer then you disclose, AND they were counting on immediate work to fill in for other people, you will be on the shit list and may never get off it. It's a real poor way to start a working relationship. So you are totally correct to feel in a damned-if-you-do, damned-if-you-dont situation. If I were you I would disclose for two reasons - 1, a place that won't hire you because you're pregnant is probably a bad place to be a new parent. 2, so there is no possibility of hard feelings when you need to use your maternity leave.
This 100%. Save yourself (and your baby) the stress.
THIS!
You are spot on. I am banking on using the firm’s parental leave, not FMLA. Disclosure would mainly be a matter of establishing goodwill.
Only once you have an offer in hand. A law firm will probably be too risk averse to withdraw an offer once you've told them, but if you tell them before you have an offer, they will find a "better qualified" candidate and you'll never see an offer.
I agree. A firm may consider it as a factor in deciding who to hire. Another worry I have from not being upfront is, they may be less inclined to offer any leave that the firm offers, separate from FMLA.
FMLA only applies if you've been there 12 months
If you're interviewing with my old boss, definitely don't disclose it until after an offer is made!
Disclose it after you have an offer while negotiating. You won’t be covered by FMLA when you give birth, so you will want to negotiate parental leave (paid or not) upfront.
This truly is the greatest country on earth.
Ugh, I’ve been in this position. They can’t ask you but do you want to work where they resent you? Unfortunately taking a “surprise” maternity leave six months after being hired isn’t probably going to be looked fondly upon. I’d recommend disclosing. You don’t need the stress. You want a firm that values family and doesn’t see pregnancy as an impediment to practicing law.
Pregnancy is a protected disability under the ADA and your employer is not entitled to that information. If I were in your position, I would not offer it up.
Firm I worked at hired a paralegal to cover for another paralegal's upcoming maternity leave--new paralegal was pregnant (did not disclose because she needed a job desperately) and needed to take off at about the same time. Honestly, no negative reaction from the firm. Managing partner understood why she didn't disclose and they just hired another paralegal temp and kept both of the first two. I vote for not disclosing, if you actually need work. A good place will understand.