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At Least 16 Companies Were Sued By Prosecutors After Complaints That They Required Pregnancy Tests From Women Applicants For Jobs
Prosecutors in China have opened cases against 16 companies that requested pregnancy tests from women during the job selection process for employment. The practice is illegal in the country but still happens in some regions.
Company Tests Without Formal Notice
The complaint began in the Tongzhou district of Nantong city, Jiangsu province. After an anonymous tip, prosecutors launched an investigation.
The findings were concerning: at least 16 companies required pregnancy tests without authorization or formal notice to the applicants.
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In many cases, women were unaware they were being tested. They received only verbal instructions to undergo the tests, with no written communication.
In some instances, the tests were conducted as part of the medical admission examination, without making the real purpose clear.
Pregnant Applicant Was Rejected
One of the situations identified drew attention. A woman, already pregnant, was rejected by a company after the test result.
After the investigation, the company was forced to hire her and pay compensation.
In total, 168 pregnancy tests were identified as being conducted in the name of these companies. The tests were performed with the support of two hospitals and a physical examination center. All are also involved in the lawsuit.
Prosecutors stated that the practice violates women’s rights and breaches Chinese labor law. The country’s legislation prohibits pregnancy tests in selection processes and ensures equality of conditions in the job market.
Costs With Maternity Leave Behind The Practice
According to prosecutors, the reason for the illegal requirement is the fear of costs associated with maternity leave and benefits. Companies prefer to hire women who are not pregnant to avoid future expenses.
Despite the justification, the action remains illegal. “We can speculate from this evidence that pregnancy tests were demanded by these companies, violating women’s rights to equal job opportunities,” concluded the prosecutors.
The investigations continue. Local authorities emphasize that such demands are not permitted. The companies involved may face legal penalties and administrative sanctions.
How This Case Would Be In Brazil
If this case had occurred in Brazil, the companies would also be acting illegally. The Consolidation of Labor Laws (CLT) prohibits any form of discrimination based on gender, marital status, or pregnancy.
Article 373-A of the CLT stipulates that it is prohibited for employers to require certificates or tests related to sterilization or a woman’s gestational status, both during hiring and throughout the employment contract.
Furthermore, the Federal Constitution guarantees equal access to employment and protects maternity as a fundamental right.
If it were proven that a company in Brazil required pregnancy tests as a condition for hiring a woman, it could be sued for moral damages and could face public civil actions filed by the Labor Prosecutor’s Office (MPT).
The applicant could also report the case to the MPT or the Labor Court. If the practice were confirmed, the company could be ordered to compensate the worker and could even face administrative fines.
Brazilian legislation is clear in guaranteeing the protection of women in the labor market, especially in situations involving pregnancy or maternity.
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