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Shanghai court awards compensation to woman denied job due to pregnancy

By Quan Zhanfu | chinadaily.com.cn | Updated: 2024-04-07 22:04
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A Shanghai court has ruled in favor of a woman who was denied a job offer after the company learned she was pregnant. The company was ordered to pay over 30,000 yuan ($4,146) in compensation.

The woman, identified by her surname Yan, received a job offer as a financial manager in June 2024. The offer letter, in addition to standard details, included a requirement for a Human Chorionic Gonadotropin (HCG) test, commonly used for pregnancy detection.

Yan accepted the offer, resigned from her previous job, and took the mandated test, which confirmed her pregnancy. She promptly informed the company.

However, just days later, the company claimed the position had been eliminated due to restructuring. This contradicted their continued advertisement for the same role on other platforms.

Unable to resolve the situation through communication, Yan filed a lawsuit citing infringement of her employment rights and discriminatory job cancellation. She sought compensation for her losses.

The defending company argued the HCG test requirement was a template oversight and denied any discriminatory intent. They maintained the position's cancellation was a business decision and denied responsibility for Yan's situation.

The court found the company's pre-employment pregnancy test violated laws protecting women's rights. Additionally, the court ruled that canceling the job offer after learning of Yan's pregnancy constituted discriminatory employment practices and a breach of contract.

Through court mediation, both parties reached a settlement. The company will compensate Yan over 30,000 yuan for her losses.

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