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U.S. Equal Employment Opportunity Commission

Youth at Work

A is Incorrect

It is illegal for the manager to refuse to hire Jeanette because she is pregnant. It does not matter whether the manager’s decision was based on concern for the health of Jeanette and her baby. It is also illegal for the manager to refuse to hire Jeanette because customers would not want a pregnant waitress; customer preferences do not justify illegal discrimination.

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Jeanette was offered a job as a waitress at a local restaurant. At the end of her interview, she mentioned that she was pregnant, but that she was perfectly capable of performing her duties as a waitress. When Jeanette called to get her start date, the manager said he had hired someone else. He said he was afraid that Jeanette would hurt her baby carrying heavy trays of food and that the customers might not like having a pregnant woman waiting on them. He invited her to reapply after she had her baby. Did the manager discriminate against Jeanette?

  1. No. The manager did not discriminate against Jeanette because he invited her to reapply after she gave birth, and refused to hire her only out of concern for the health and safety of Jeanette and her baby.
  2. Yes. The manager discriminated against Jeanette when he refused to hire her because she is pregnant.
  3. No. The manager can legally decide not to hire Jeanette because restaurant customers may not want pregnant servers.
  4. Yes. Once the manager offered Jeanette the job, he had no right to change his mind and hire someone else.