Firms in China face legal action for discriminatory pregnancy testing

More than a dozen of organisations in China are facing legal action for allegedly subjecting job applicants to pregnancy tests, in violation of Chinese law. Prosecutors found that 168 women seeking positions at 16 organisations in Nantong, Jiangsu province, had been illegally tested as part of their pre-employment physical check.

This issue highlights a significant contradiction in China’s economic strategy. Despite efforts to combat record-low birth rates, some organisations are reluctant to hire women of childbearing age. Employers have reportedly avoided hiring women by asking about family planning during interviews or rejecting them based on potential pregnancy.

Chinese legislation prohibits employers from administering pregnancy tests or discriminating against pregnant employees. The situation in Nantong came to light following a tip-off from an online public litigation group, which reported that several organisations were conducting these illegal tests. Subsequent investigations by prosecutors involved visits to major public hospitals and a medical examination centre.

The probe uncovered at least one instance where a woman was not hired after it was revealed she was pregnant. The organisations involved have not been disclosed, nor have details on any potential fines, which can reach up to 50,000 yuan (US$6,900) for violations of gender discrimination laws.

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China’s population has declined for two years, with the 2023 birth rate hitting its lowest point since 1949. In response to declining birth rates, China abandoned its restrictive “one child” policy in 2015, allowing couples to have two children. This limit was further relaxed to three children in 2021. However, these adjustments have had minimal impact on halting the population decline.

The high cost of raising children in China is a major contributing factor to the low fertility rate. Additionally, women in China often face “unfair treatment” at work during maternity leave, including job transfers, pay cuts, and missed promotion opportunities, exacerbating the challenges faced by working mothers and contributing to the country’s declining birth rate, reported CNN.