Pregnancy and a job?

[Mr. Lu]

Simple question, is it discriminatory, under Dominican work laws, to ask a potential employee for a pregnancy test before she is hired?

I understand that it is common practice, to do so, but is it discriminatory? And if so what are the fines associated with this? What proof is there? What recourse does the employer have?

I understand some employers don't hire pregnant women so they don't have to pay her maternity leave.


Any help would be appreciated.



Mr. Lu

[dv8]

be smart. say that before a person (man or a woman) starts working they should get blood and urine tests. send them to a lab with a note that the test is for the company of mr. lu. they don't pay - you do. they don't know what the test is for.
with the lab you arrange that anyone sent for test for mr. lu's company gets, lets say parasite/amoeba test, drug check and pregnancy test.
voila, your hands are clean.
i believe many companies practice that.
and yes, it is, i believe illegal to ask to take pregnancy test. so don't ask.

[JDJones]

I have also been told by company lawyers in the past that is it illegal.

Companies in free zones that have HR facilities get it done as part of the free zone screening procedure, and do it on all female employees, as well as tests for all STD and HIV.

I'd say that all the smaller folks do it exactly like DV8 described.

[Lapurr]

Yes it is discriminatory and completely unethical, A woman that want's to earn a living to support her child what difference does it make she is expecting? as long as she can perform her duties to her best ability.

If she is the one that is best suited for the position, then it would be in the best intrest of the company to ensure she came back after her maternity.

those are my thoughts...

[Mr. Lu]

Originally Posted by Lapurr

Yes it is discriminatory and completely unethical, A woman that want's to earn a living to support her child what difference does it make she is expecting? as long as she can perform her duties to her best ability.

If she is the one that is best suited for the position, then it would be in the best intrest of the company to ensure she came back after her maternity.

those are my thoughts...

I appreciate all the responses, though my next question is, what are the ramifications if you are caught doing this (secretly testing) and the potential employee can prove it?

Also, what if the woman gets hired and becomes pregnant before the three month (90) period? Does a woman have to tell their employer they are pregnant during this time? Does a woman have to say she is pregnant before she is hired?

Are maternity leave and compensation affected if she becomes pregnant before or after she is hired?

As per Lapurr's comments, I would doubt anyone disagrees about someone's right to care for their family or that the best person get the job. But my concern isn't that, rather protecting a potential employer against fraud. In the DR, laws are geared towards protecting the employee, which is great considering what I've seen how employees get treated here, but knowing this I know many workers take advantage of laws and "scam" their bosses out of a lot of money. So that's the perspective I am asking these questions from.



Mr. Lu

[Lapurr]

Sorry Mr.lu, I see what you are saying..there has got to be a minimum amount of hours earned prior to taking Maternity leave and recieving benefits, thats here in Canada!!
Not sure about DR, So imma drop outta this one and just follow along!

[dv8]

i would discriminate women as an employer and i am woman myself so i hear you.
do two rounds of interview, after round one you order a test, then you do round two. if you find a woman is preggers tell her politely you have decided to hire someone else who is more suitable for the job.
sleek and simple.
as for firing pregnant woman - you will always have to pay something, such is DR reality. minimize your losses and nerves - if you are a gringo and you employ several people hire a lawyer who specializes in labour law. money well spent.
i have noticed, thou, that quite a lot of women in their thirties who have two or more kids get sterilized as a way of birth control. just a hint...

[LaTeacher]

it's illegal to fire a pregnant woman in the dominican - EVEN IF YOU DON"T KNOW SHE'S PREGNANT. it would cost you a lot more than the regular severance pay (i know from experience) to get rid of a pregnant woman.

i'm not sure it's illegal NOT to hire a pregnant person though. and discrimination? really? you can advertise that you only want sexy 18 year old girls working for you and that doesn't seem to be a problem. or "no one over 32" so why should pregnancy be different? there are a lot of risks involved, a lot of paid medical leave (if they have complications during the nine months) and the three months maternity leave! (this is my personal opinion, not at all legal advice)

you also cannot cut a person off during maternity leave, there has to be work for them when the leave is over. (this i know for sure).