Prosecutors in an eastern Chinese city have filed lawsuits against 16 companies accused of requiring female job applicants to undergo pregnancy tests before hiring them.
According to the official Procuratorial Daily, the Tongzhou district procuratorate in Nantong, Jiangsu province, initiated an investigation earlier this year following a tip-off. After concluding their investigation, prosecutors collaborated with the local bureau of human resources and social security to caution the companies and hospitals involved.
The article did not specify whether fines had been imposed, but under current regulations, companies can face fines up to 50,000 yuan (US$6,900) for engaging in gender discrimination if they fail to rectify their practices. Two hospitals and a physical examination center were also implicated in the investigation, which revealed that 168 pregnancy tests were conducted on behalf of the 16 companies.
According to prosecutors, affected women were not provided with written notifications about the tests but were rather given vague verbal warnings. Prosecutors noted discrepancies between the companies’ recruitment records and insurance documentation, indicating that pregnancy tests were indeed used to assess job applicants. In at least one instance, a woman who tested positive for pregnancy was denied employment initially but later hired and compensated after the company was warned about its discriminatory practices.
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Prosecutors emphasized that such practices violate women’s rights to equal employment opportunities, as explicitly prohibited by Chinese law, which bans pregnancy tests as part of pre-employment medical examinations. Concerns about the financial implications of maternity benefits often drive such practices, despite varying legal requirements across different provinces in China.
Gender discrimination in employment extends beyond overt practices like pregnancy testing, encompassing biases such as preferential treatment towards male candidates or inquiries into marital status, all of which are illegal. Reports from the Inspection Squad for Workplace Gender Discrimination highlight systematic disparities favoring men in government job applications, with instances of roles improperly categorized as gender-specific.
Efforts continue to address gender equality in the workplace, with ongoing initiatives to combat discriminatory practices and uphold legal protections for women in China’s workforce.
