During a recent interview panel, a hiring manager posed two questions to a candidate: “Are you pregnant?” and “Do you plan to get pregnant within the next year?” The panel thought these were practical questions, given that the role involved a demanding schedule and training commitments. The candidate looked uncomfortable, hesitated, and gave vague answers.

Later, the HR department wondered: Are such questions legally acceptable? What happens if an employee lies about pregnancy during an interview?

These concerns are not uncommon. Many employers worry about the costs of maternity leave, productivity disruptions, or medical risks. But the law—and good HR practice—provides clear guidance.

The Law

1. Employment Act 1955 (Act 265)
The Employment Act 1955 (as amended in 2022) explicitly protects female employees in relation to pregnancy and maternity. Key provisions include:

• Section 37: Female employees are entitled to 98 days of maternity leave.
• Section 41A: Employers are prohibited from terminating the service of a pregnant female employee except for gross misconduct, closure of the business, or wilful breach of contract.

The law therefore views pregnancy as a protected condition. Penalising or discriminating against a woman because she is pregnant—or may become pregnant—conflicts with these provisions.

2. Equality and Non-Discrimination
Although Malaysia does not yet have a single comprehensive “Equality Act,” the Employment (Amendment) Act 2022 introduced Section 69F, which prohibits discrimination in employment matters on the grounds of gender, among other factors. The Code of Practice on the Prevention and Eradication of Sexual Harassment in the Workplace also touches on fair and respectful treatment of women.

Asking about pregnancy during an interview may therefore be interpreted as discriminatory, because it targets women on the basis of gender-specific biological conditions.

3. International Standards
Malaysia is a member of the International Labour Organization (ILO) and aligns with its conventions on maternity protection and non-discrimination. While not every ILO convention is directly enforceable, they influence the interpretation of fair labour practice.

4. What If the Candidate Lies?
Even if a candidate is pregnant but denies it during an interview, the legal position remains that pregnancy cannot be used as a ground for dismissal or adverse treatment once she is employed. Employers cannot discipline or terminate an employee solely for being pregnant, whether or not she disclosed it earlier.

From a contractual perspective, misrepresentation could be raised, but Malaysian courts are unlikely to side with employers if the misrepresentation relates to pregnancy, because the law protects pregnant employees from discrimination and termination.

Lessons

For Employers:

• Avoid Asking Pregnancy Questions in Interviews
  Asking “Are you pregnant?” or “Do you plan to get pregnant?” exposes the company to claims of discrimination. Such questions are not relevant to assessing skills, qualifications, or job performance.
• Focus on Job Requirements, Not Personal Circumstances
  Employers should frame questions around the essential duties of the role. For example:
  • “This role requires frequent travel; are you comfortable with that?”
  • “This position involves physically demanding tasks; are you able to perform them?”
    These questions are lawful and apply equally to male and female candidates.
• Respect Maternity Rights
  Even if pregnancy results in temporary disruption, the law entitles employees to maternity leave and protection from dismissal. Employers should plan workforce management accordingly, rather than trying to avoid hiring women of childbearing age.
• Protect the Company’s Reputation
  Modern workplaces are expected to practise diversity, equity, and inclusion. Discriminatory practices during interviews not only risk legal consequences but also harm the company’s brand as an employer of choice.

For Employees:

• Know Your Rights
  You are not legally required to disclose your pregnancy status during an interview. If asked, you may politely decline or redirect the discussion to your qualifications.
• Lying About Pregnancy
  If a candidate lies about being pregnant, the employer generally cannot penalise her later, because pregnancy is legally protected. However, employees should be mindful of maintaining professional integrity in all interview discussions.
• Communicate Responsibly
  Once employed, employees should communicate openly about pregnancy when appropriate, so that employers can plan resources, health, and safety arrangements in compliance with the law.

Conclusion

So, can employers ask about pregnancy during interviews? The answer is no—such questions are not appropriate and may amount to discrimination under the Employment Act 1955 (as amended 2022) and broader principles of fair employment.

What if a candidate lies about pregnancy? Even then, the employer has little legal recourse, because the law explicitly protects pregnant employees from dismissal or adverse action on that basis.

For employers, the lesson is to focus on job-related questions and respect maternity rights. For employees, the lesson is to understand that while pregnancy need not be disclosed at interview, honesty and professionalism remain important in building trust.

Ultimately, pregnancy is a human reality, not a barrier to employment. Fair treatment, supported by the law, ensures that workplaces in Malaysia move closer to a culture of equality, dignity, and respect.