An interview form asks about pregnancy or marriage plans: what can I do?

The rule targets recruitment conduct

Shanghai HRSS explains Article 43 of the national Women’s Rights Law: except where the state otherwise provides, employers must not, during recruitment, ask female applicants about marriage or childbirth beyond basic personal information, or use such circumstances as hiring conditions. The source describes an enforcement case; it is not a judgment awarding compensation to every applicant. Any claimed state-provided exception needs its actual basis checked; a question’s supposed business relevance does not alone establish an exception.

Keep the exact request

Note whether the question appeared in an advertisement, application form, medical instruction, or interview. Record the role, date, and wording, along with your response. Avoid secretly obtaining another applicant’s form. A dated record of what was asked is more useful than a later summary that changes the wording or combines several employers.

Redirect to job requirements

You can ask how the question relates to the essential duties and offer to discuss availability, travel, or shift requirements directly. Ask whether the field can be left unanswered and which policy requires it. Keep the exchange factual. The best response depends on the situation; this preparation note cannot promise that refusing to answer has no practical consequences.

Prepare a focused complaint

Identify the employing business, the vacancy, the requested information, and any stated reason for a decision. Ask the platform or the local human-resources authority about the relevant complaint route. Separate a request to change a form from a claim for personal loss; the evidence and procedure may differ. Do not infer the cause of rejection from silence alone.

Example: an application form with a pregnancy question

Suppose a company’s application form asks female applicants, “Are you currently pregnant?” and you are applying for an office coordinator role. You could leave the field blank and, in the interview, ask how the question relates to the essential duties, offering to discuss your availability for travel or shifts. If the company later rejects you without explanation, you can file a complaint with the local human-resources authority, attaching the dated form and your written response. Would the authority treat the form question as a violation of Article 43? That depends on the specific facts and the authority’s assessment.

Next steps if unresolved

If the authority does not accept your complaint or you need to pursue a personal claim, ask the authority which procedure applies and what evidence is required. Bring the dated form, your written response, and any correspondence about the decision. A lawyer can help you assess whether the facts support a claim, but no one can promise a specific outcome.

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