AIBU to fail to disclose pregnancy in pre-employment medical test?

[Calmondeck]

It may be illegal to do this, in which case I am definitely BU. But am fairly stressed about losing a job I’ve been offered and interested in your perspectives…

In short, I have been offered dream job in international organisation subject to intensive/standard for the org pre-employment medical screening (X-rays, eye test, hearing, the lot). I have taken a similar test for the same organisation before and passed with no problem.

This time - I am early early days pregnant. Because of a retroverted uterus, the dating scan wasn’t able to detect a heartbeat, so at this point I don’t even know whether the pregnancy is viable.

however on the test I need to answer two questions:
Date of last menstrual period (I don’t actually know this because I am still breastfeeding and have extremely irregular periods)
Pregnant (yes / no)

I should note that this is an organisation wide test so is suitable for colleagues going to far flung places but I will be desk-based in a European city.

WWYD?

Wtf? That is bonkers.

These questions will be there purely regarding the x-ray, because if you could possibly be pregnant then a screening x-ray is inappropriate.

Refuse the x-ray and you won't have to answer either question - but probably will then be more liable to having the job offer withdrawn than if you give the date of your LMP.

Who is the employer? What sort of job is it?

I think major consultancies do this as they insure you while you’re away from home. You can’t rely on just going to your NHS GP for an emergency if you’re on a Scottish oil rig..
I had the same thing many years ago and found it stupidly intrusive. The men had to do a prostrate exam back then.. Women had pelvic and breast checks. I wouldn’t do it now!
Back to the OP, I would say yes. They can’t refuse you a job because you’re pregnant.

Which country are you going to be based in/where is the organisation domiciled? The rules will be relating to that country not the U.K. where it is not required to declare a pregnancy so early but if changing org (couldn't work out if the job was an internal move?) you won't qualify for paid maternity leave usually only smp

@Savoury But the OP isn't going to be working on an oil rig, in a war zone, on Antarctica or anywhere else where you want to reduce the risk of needing medical treatment. It's a desk job in a European city.

This sounds like a 'computer says no' problem, at bit like the time our travel risk assessment told me it was too dangerous for me to go to the Isle of Man for the day because I was going alone to a rural area outside the EU.

You don't know if you have a viable pregnancy yet, so for the purposes of the form I would say no.

If you're then put in a position where you need an x-ray, you can say you've just found out you might be pregnant but don't know yet. They can take the appropriate precautions or not proceed with the x-ray.

Wishing you all the best with your pregnancy OP.

I would lie. Many women don't track their periods that accurately or have irregular ones. Many people don't know they're pregnant for ages. I didn't realise I was pregnant till ten weeks with one of mine, I had a period while pregnant.

It's none of their business!

Yeah there's laws to stop them rescinding offer, but would you want the hassle of solicitors etc to press that point?

It doesn't sound legal to me anyway.

If you don't feel comfortable lying just strike through those questions.

Will they really make you have an x ray either. Surely many women could be trying to get pregnant and would not want that.

I’ve give them a period date that means you could be pregnant but also tick no to pregnancy let them choice how to go ahead from there since it’s so early and you don’t no if it’s viable yet.

Your having an x ray of course you have to say
Doesn’t matter what part of the body it’s on

If you are pregnant, you need to answer "yes" to that question. Otherwise, you are lying.

This. And it maybe why they are asking dates of last period and if you could be pregnant. Any qualified radiologist would ask you these questions before a random x-ray

tbh, what on earth do they neeed an x-ray for? Doing unnecessary x-rays is dodgy to your health as you should be limiting exposure and you never know if you might become I’ll/ injured when you actually do need them and therefore take your exposure to high levels.

I can understand hearing, sight, even lung capacity, weight, height and blood pressure. But unless they’re really good reasons for it relating to a physically demanding role it is highly intrusive

id be looking at who the info is shared with on the form. Does it go direct to qualified medical professionals like an occ health dept or 3rd party health provider? If so, what are the rules around medical confidentiality? Strictly if data is held only by professionals they can’t share without your express permission without breaking data protection act.
The data protection act states anyone should not be asking for information, data about you, or collecting it through screening, unless it is essential for purposes they have defined. I don’t see there is any harm in asking why they need this information and what it is used for before you decide what to do.

They quizzed you on Female Genital Mutilation?

Ok, but how does this help? If an applicant doesn’t know they have a lung disease and the X-ray shows it, then the company withdraws the job offer? Isn’t that discrimination? Surely if the applicant doesn’t know or realise they are perfectly entitled to receive insurance and insurance to pay out - jeez most of us in potentially in that situation when applying for insurance .

id also be questioning about how the company is intending to break the news to someone that they’re withdrawing a job offer and that they’ve just identified you’ve got lung cancer or another devastating disease!

if the applicant lies on a simple questionnaire ( denying pre-existing conditions) then that’ll come out at point of claim and claim will be disqualified and company not liable. Same as if you have car accident and later found that your car was not roadworthy - claim will be turned down

so, I’m more inclined to think this is about reducing their premiums for insurance rather than actual rejection, but also possibly private medical care membership if that applies. But to me, especially x-ray, sounds overtly intrusive unless jobs require hard physical labouring, use of breathing apparatus etc

So pregnant women should not apply for work…just sit around for 9 months while pregnant if they loose their job/ need to change job during pregnancy? And then not be entitled to maternity pay after baby is born cos they’re not in work? Then struggle to get work post maternity as they are now a mother and therefore can’t possibly be committed to working as hard as non mothers?

exactly how are pregnant women supposed to cover their living costs, if they can’t apply for work because “an employer would have to find and pay for a replacement”? That applies to any women who already works for them at child rearing age. In fact the more experienced the women in her role the more costly a direct replacement would be.

Oh, I know, problem solved, we just don’t employ any women of child bearing age at all. Or maybe the solution is for women to just stop bearing children at all?

maybe you think all families can survive without women bringing in an income?

thank goodness you’re not in position of making employment laws

I appreciate it is “hard” for small companies - but if you go into business this is a legal cost you have to absorb, just like sick pay for men and women, pension costs, NI contributions, holiday entitlements, health and safety costs, insurance costs, public liability costs etc. If you can’t afford those overhead expenses, and don’t make provision in your business plans for them, you shouldn’t be employing staff.

This 100%. Maternity leave is not forever, a year is nothing in the grand scheme of things. Not to mention that 92% of SMP (or more if you’re a small employer) can be claimed back from the government by the employer if you’re in the UK. It is also possible to get an advance to pay it out in the first place if the employer can’t afford it. Plenty of mitigations in place to help employers with costs.

Ok, seems that whoever employer is ,is on shaking ground
strongerunions.org/2017/07/17/bin-pre-employment-health-screening/

OP isn’t in the U.K.

Which would have been helpful to put in the OP.

I wouldn't work for an organisation that asked these questions. Not normal.

I know exactly what you mean; my manager recently asked me if we were planning to adopt should current IVF not work out….!

Do we know she not in uk? I looked for that but she didn’t answer it unless I’ve missed it

You can tell from use of the term OB/GYN, although a search will also tell you.