In a significant development, more than a dozen organizations in China are facing legal repercussions for allegedly conducting pregnancy tests on job applicants, a practice deemed illegal under Chinese law. Prosecutors discovered that 168 women applying for positions at 16 organizations in Nantong, Jiangsu province, were subjected to these unlawful tests during their pre-employment physical examinations.
This issue underscores a glaring contradiction within China’s economic policies. Despite efforts to address plummeting birth rates, some employers are reportedly hesitant to hire women of childbearing age. Instances of discrimination include inquiries into family planning during interviews or outright rejection of candidates based on potential pregnancy status.
Chinese legislation explicitly prohibits employers from conducting pregnancy tests on job applicants or discriminating against pregnant employees. The investigation in Nantong was triggered by a report from an online public litigation group, prompting prosecutors to conduct inquiries at major public hospitals and a medical examination center.
During the probe, it was revealed that at least one woman was denied employment upon disclosing her pregnancy status. The identities of the implicated organizations have not been disclosed, nor have details regarding potential fines, which can reach up to 50,000 yuan (US$6,900) for violations of gender discrimination laws.
China’s population has seen a decline for two consecutive years, with the 2023 birth rate hitting its lowest level since 1949. Despite policy adjustments such as the relaxation of the “one-child” policy to allow for up to three children, the country continues to grapple with the impact of high childcare costs and workplace discrimination against mothers.
Reports indicate that women in China often face adverse treatment in the workplace during maternity leave, including job transfers, reduced pay, and missed promotional opportunities. These challenges exacerbate difficulties for working mothers and contribute to the broader decline in birth rates.
The ongoing legal action against organizations in Nantong signals a crucial step in addressing systemic discrimination and promoting gender equality in employment practices across China. It reflects growing efforts to safeguard the rights of women in the workforce and to align economic policies with demographic challenges facing the nation.
