Challenge Yourself!

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 said that she was able to do the job and excited about the opportunity. 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. A. 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.

   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 and safety 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. Employers may not make discriminatory employment decisions, such as decisions about who to hire, based on customer preferences.

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2. B. Yes. The manager discriminated against Jeanette when he refused to hire her because she is pregnant.

   B is correct.
   As long as Jeanette can perform her duties as a waitress, the manager cannot refuse to hire her because she is pregnant.

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3. C. No. The manager can legally decide not to hire Jeanette because restaurant customers may not want pregnant servers.

   C is incorrect.
   Employers may not make discriminatory employment decisions, such as decisions about who to hire, based on customer preferences.

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4. D. Yes. Once the manager offered Jeanette the job, he had no right to change his mind and hire someone else.

   D is incorrect.
   It is not illegal under the laws enforced by EEOC for the manager to change his mind about who to hire, as long as he does not make this decision because of Jeanette's pregnancy, or another reason protected by law (such as Jeanette's race or national origin).

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