Hi Rose,
Glad that you came to a conclusion that the question was not all that unethical! I also agree with you that the same quetion would have been put in a different and diplomatic way! Definitely the Management and the HR who does the recruitment does not want to have people who are pregnant or planning to go for a child in the near future as they are going to spend on the candidate money for serving the organisation. This is unethical in social compliance terms as you are not supposed to ask any candidate about this. But the recruiter should use diplomatic routes to find out the planning to have kid or whether the candidate is pregnant , politely without hurting the sentiments of the candidate. Then knowing or assessing the situation, they can offer the job or refuse.
-Srinaren
From India, Bangalore
16Glad that you came to a conclusion that the question was not all that unethical! I also agree with you that the same quetion would have been put in a different and diplomatic way! Definitely the Management and the HR who does the recruitment does not want to have people who are pregnant or planning to go for a child in the near future as they are going to spend on the candidate money for serving the organisation. This is unethical in social compliance terms as you are not supposed to ask any candidate about this. But the recruiter should use diplomatic routes to find out the planning to have kid or whether the candidate is pregnant , politely without hurting the sentiments of the candidate. Then knowing or assessing the situation, they can offer the job or refuse.
-Srinaren
From India, Bangalore
Hi all,
I was also asked the same question in the current company's interview as the person who was previously taking care of the responsibilites had to move to paris and thus she wanted a person who should be able to manage and take over the things without any hassale.
I didn't find it unethical because if i would have been at her place, i was also wanting the same kind of person, honestly.
In your case, as you said the way she reacted might be embarrasing for you but it doesn't sounds unethical.
So not to worry at all dear!!!!!!!!!!!!!!!!!!!!!
From India, Delhi
I was also asked the same question in the current company's interview as the person who was previously taking care of the responsibilites had to move to paris and thus she wanted a person who should be able to manage and take over the things without any hassale.
I didn't find it unethical because if i would have been at her place, i was also wanting the same kind of person, honestly.
In your case, as you said the way she reacted might be embarrasing for you but it doesn't sounds unethical.
So not to worry at all dear!!!!!!!!!!!!!!!!!!!!!
From India, Delhi
Dear Ms. Rose George,
Many BPOs are even promoting a weirder concept that has evolved recently which you might also be knowing ; "DINKS" (Double Income No Kids). For any recently married couple with no kids who wish to join the company, they promote this concept very tactfully during the interview by proposing a highly attractive salary to both husband and wife with the required qualification & experience. In return they demand an assurance from them that they will not opt for children for the next 2-5 years. Getting carried away with this lucrative offer the couples do accept the offer in 8-9 out of 10 cases.
Now tell me who is at fault ?
The top management, HR or the interviewees themselves ?
From India, Thiruvananthapuram
Many BPOs are even promoting a weirder concept that has evolved recently which you might also be knowing ; "DINKS" (Double Income No Kids). For any recently married couple with no kids who wish to join the company, they promote this concept very tactfully during the interview by proposing a highly attractive salary to both husband and wife with the required qualification & experience. In return they demand an assurance from them that they will not opt for children for the next 2-5 years. Getting carried away with this lucrative offer the couples do accept the offer in 8-9 out of 10 cases.
Now tell me who is at fault ?
The top management, HR or the interviewees themselves ?
From India, Thiruvananthapuram
I read the discussion.........
I want to add to the topic that is " ethical and unprofessional question " Then please Jayashree answer to my straight question If any lady is been hired and she has joined the company , she do have some responsibilities then. After being Trained, deployed on to project, by God's Blessings she had to have Maternity leave then. Then is this Ethical to her, understanding the responsibilities she is holding she just moved leaving a huge cost burden on company to hire again a person to fill the place.
If this is Ethical then that is also Ethical.
Please dont see in an ethics point of view. Yes i do agree that HR would have handled this question more tactully. But understand on their point of view too. If they say nything beyond this then i too agree with being unethical
From India, Hyderabad
I want to add to the topic that is " ethical and unprofessional question " Then please Jayashree answer to my straight question If any lady is been hired and she has joined the company , she do have some responsibilities then. After being Trained, deployed on to project, by God's Blessings she had to have Maternity leave then. Then is this Ethical to her, understanding the responsibilities she is holding she just moved leaving a huge cost burden on company to hire again a person to fill the place.
If this is Ethical then that is also Ethical.
Please dont see in an ethics point of view. Yes i do agree that HR would have handled this question more tactully. But understand on their point of view too. If they say nything beyond this then i too agree with being unethical
From India, Hyderabad
To All,
In the U.S., any questions regarding pregnancy plans, childcare arrangements, or any similar question regarding applicant intentions to use FMLA leave in the future is not legal under both the Family Medical Leave Act and The Americans with Disabilities Acts. Note this is in the U.S. only and not the country the original question is about. Each country sets its own regulations, values, mores, and standards of ethics.
Additionally, in the U.S., the Acts above change once an applicant is hired. Under FMLA, the employee is required to give up to 30 days advanced notice (pregnancy - father or mother) before taking leave or may be terminated, however the Pregnancy Act of 1998 extends protection to pregnant women from termination for a defined period after birth, but not fathers. At this point, the ADA protects parents from termination as discriminitory, depending upon the specific (as listed in the Act) situation. As always, you should contact an an attorney who specializes in employment law in these matters (e.g., asking a divorce lawyer is like asking a podiatrist to perform open heart surgery).
So to answer the original question, is the question unethical? In the U.S., it is not only unethical, but also illegal. In the country where the job is... probably not, unless it is an American employer operating in that country.
From United States, Fairfield
In the U.S., any questions regarding pregnancy plans, childcare arrangements, or any similar question regarding applicant intentions to use FMLA leave in the future is not legal under both the Family Medical Leave Act and The Americans with Disabilities Acts. Note this is in the U.S. only and not the country the original question is about. Each country sets its own regulations, values, mores, and standards of ethics.
Additionally, in the U.S., the Acts above change once an applicant is hired. Under FMLA, the employee is required to give up to 30 days advanced notice (pregnancy - father or mother) before taking leave or may be terminated, however the Pregnancy Act of 1998 extends protection to pregnant women from termination for a defined period after birth, but not fathers. At this point, the ADA protects parents from termination as discriminitory, depending upon the specific (as listed in the Act) situation. As always, you should contact an an attorney who specializes in employment law in these matters (e.g., asking a divorce lawyer is like asking a podiatrist to perform open heart surgery).
So to answer the original question, is the question unethical? In the U.S., it is not only unethical, but also illegal. In the country where the job is... probably not, unless it is an American employer operating in that country.
From United States, Fairfield
Hello members,
With due respect views of the members, let us examine it legal aspect with regard to the Maternity Benefit Act, 1960. Let's have a look on sub-section (1) of section 4 of the Act:-
"4. Employment of, or work by women prohibited during certain periods
(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery,miscarriage or medical termination of pregnancy."
In view of the above provision of law, I feel that since it was a telephonic interview and the interviewer could not see the candidate in person, therefore it is genuine for an employer to ask a question regarding her confinement. However, from the wording used, it seemed that the employer did not ask it from the legal point of view but from other angles as expressed by almost every member. This gets further confirmed when the same question was repeated for the second time, which certainly proved it to be an unethical question.
Best wishes,
jpratap
From India, Chandigarh
With due respect views of the members, let us examine it legal aspect with regard to the Maternity Benefit Act, 1960. Let's have a look on sub-section (1) of section 4 of the Act:-
"4. Employment of, or work by women prohibited during certain periods
(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery,miscarriage or medical termination of pregnancy."
In view of the above provision of law, I feel that since it was a telephonic interview and the interviewer could not see the candidate in person, therefore it is genuine for an employer to ask a question regarding her confinement. However, from the wording used, it seemed that the employer did not ask it from the legal point of view but from other angles as expressed by almost every member. This gets further confirmed when the same question was repeated for the second time, which certainly proved it to be an unethical question.
Best wishes,
jpratap
From India, Chandigarh
Great comments...
Sometimes the choice of words, manner and the tone could simply get outrageous... In others, the person at the other end might have a 'fortified' opinion of himself/herself that might make him/her ask such questions and not even apologize for it. I have seen this many times in the call centers that keep calling me... They tend to sound like orders, although they are classically meant to be requests! We are fostering this culture, but its great to see people who are concerned about maintaining the standards at the societal level.
But this should not be mixed up with the cardinal issue: Availability of the employee... I am sure you have seen this with several organizations:: employees being denied long leaves... In the case of maternity leave, the organization cannot react as 'badly' as with other situations... there is a kind of legal protection for the employee. But all said, this cannot be a criteria or a question to ask. No-one can predict an emergency requiring leaves... Although pregnancies are predictable, it is a personal decision. The employer can express the need for continued availability over the next 6-9 months or so. All said, it cannot be a criteria to start with! Being a business owner, I can appreciate the business perspective, but I don't think I would worry too much about it to start with!!!
Let me ask another question: Most HR pros insist that they offer employees a career and not a job!!! How many employees really spend their lifetime in the company? Not too many... Attrition occurs everywhere...
From United States, Daphne
Sometimes the choice of words, manner and the tone could simply get outrageous... In others, the person at the other end might have a 'fortified' opinion of himself/herself that might make him/her ask such questions and not even apologize for it. I have seen this many times in the call centers that keep calling me... They tend to sound like orders, although they are classically meant to be requests! We are fostering this culture, but its great to see people who are concerned about maintaining the standards at the societal level.
But this should not be mixed up with the cardinal issue: Availability of the employee... I am sure you have seen this with several organizations:: employees being denied long leaves... In the case of maternity leave, the organization cannot react as 'badly' as with other situations... there is a kind of legal protection for the employee. But all said, this cannot be a criteria or a question to ask. No-one can predict an emergency requiring leaves... Although pregnancies are predictable, it is a personal decision. The employer can express the need for continued availability over the next 6-9 months or so. All said, it cannot be a criteria to start with! Being a business owner, I can appreciate the business perspective, but I don't think I would worry too much about it to start with!!!
Let me ask another question: Most HR pros insist that they offer employees a career and not a job!!! How many employees really spend their lifetime in the company? Not too many... Attrition occurs everywhere...
From United States, Daphne
Hi All,
I have gone through this experience probably 80% time when I have faced the interviews. When I was unmarried they used to ask me question about my marriage plans. And now they ask me about my family plan. And its a very straight forward question. And I think most of the female members will agree with me that they must have faced such questions. With one of the top MNC I had like 5 rounds of interviews & every time the focus was mainly on my family plan rather than my competencies. Whenever I prepare for an interview I always prepare myself for such type of questions.
Rose,
I think the differences between male & female is still present in our society and we have to bear it and try ourselves to make the coming years better.
Prerna
From India, New Delhi
I have gone through this experience probably 80% time when I have faced the interviews. When I was unmarried they used to ask me question about my marriage plans. And now they ask me about my family plan. And its a very straight forward question. And I think most of the female members will agree with me that they must have faced such questions. With one of the top MNC I had like 5 rounds of interviews & every time the focus was mainly on my family plan rather than my competencies. Whenever I prepare for an interview I always prepare myself for such type of questions.
Rose,
I think the differences between male & female is still present in our society and we have to bear it and try ourselves to make the coming years better.
Prerna
From India, New Delhi
Dear Prerna,
True, that this question is asked many a times in interviews but you will find that majority of interviewers asking this question are women themselves.
It is not the men but the women who perpetuate the gender bias.
On to next aspect, if you are asked this question in an interview , you should instantly know that you not are being interviewed for a good company. May be big, but not necessarily good!!!
Now a days, good companies have various tools to deal with different aspects of life. If i may say, a successful company always have a good work-life balance policy in the place.
Working from home, telecommuting, nursery facilities, day care facilities etc. are various measures available to make pregnancy a happy , enriching experience and not a road blocker in career progression.
I guess , most of the women should treat this question as a warning signal for , if they are choosing the right place to work.
Regards
Team GroupHR
From India, Delhi
True, that this question is asked many a times in interviews but you will find that majority of interviewers asking this question are women themselves.
It is not the men but the women who perpetuate the gender bias.
On to next aspect, if you are asked this question in an interview , you should instantly know that you not are being interviewed for a good company. May be big, but not necessarily good!!!
Now a days, good companies have various tools to deal with different aspects of life. If i may say, a successful company always have a good work-life balance policy in the place.
Working from home, telecommuting, nursery facilities, day care facilities etc. are various measures available to make pregnancy a happy , enriching experience and not a road blocker in career progression.
I guess , most of the women should treat this question as a warning signal for , if they are choosing the right place to work.
Regards
Team GroupHR
From India, Delhi
Hi Rose,
For you the question was a little better one of my friend went to an interview. She had her engagement just a few days ago. She cleared all her rounds and was waiting for the response.
One fine day she called the company and asked about the feedback. She was not considered and the reply is "You are going to get married and naturally you will be conceived within a year or so and we do not want a new hire to go on leave so soon".
From the candidates view:
1. The HR didn't even bother to ask whether she is planning to have kid (as you said in an ethical manner) they itself made the decision.
2. She missed the good opportunity as she was in need of a job desperately and was actually planning not to have kids recently.
3. Getting married is not her fault.
4. Since her fiancee is not earning so much she wanted to have a job to run her family. But her plan collapsed.
Where the HR lacked:
1. The HR should at least asked the candidate (if at all they have short listed her) as in Rose's case whether she will not take leave for the next one year or so. Communication problem that too from HR.
2. If they are desperately looking for a candidate who should not take leave within a short span of time, they should have mentioned clearly in the advertisement only male candidates can apply. No forecast.
Future advertisements from companies(in a lighter moment):
Only Bachelor's can apply.
A Landlord who is willing to work in shifts as time pass and is no intention of money can only apply.
If you have a kid please bring a certificate that your spouse is not working and is a home maker. More over if you have more than one kid please confirm that you are in a joint family.
Regards,
Periaswamy K
From India, Madras
For you the question was a little better one of my friend went to an interview. She had her engagement just a few days ago. She cleared all her rounds and was waiting for the response.
One fine day she called the company and asked about the feedback. She was not considered and the reply is "You are going to get married and naturally you will be conceived within a year or so and we do not want a new hire to go on leave so soon".
From the candidates view:
1. The HR didn't even bother to ask whether she is planning to have kid (as you said in an ethical manner) they itself made the decision.
2. She missed the good opportunity as she was in need of a job desperately and was actually planning not to have kids recently.
3. Getting married is not her fault.
4. Since her fiancee is not earning so much she wanted to have a job to run her family. But her plan collapsed.
Where the HR lacked:
1. The HR should at least asked the candidate (if at all they have short listed her) as in Rose's case whether she will not take leave for the next one year or so. Communication problem that too from HR.
2. If they are desperately looking for a candidate who should not take leave within a short span of time, they should have mentioned clearly in the advertisement only male candidates can apply. No forecast.
Future advertisements from companies(in a lighter moment):
Only Bachelor's can apply.
A Landlord who is willing to work in shifts as time pass and is no intention of money can only apply.
If you have a kid please bring a certificate that your spouse is not working and is a home maker. More over if you have more than one kid please confirm that you are in a joint family.
Regards,
Periaswamy K
From India, Madras
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