I was required to have a pregnancy test before joining the job. After discovering that I was pregnant, I truthfully informed the company, but my job was lost. Is it legal to require a pregnancy test for entry? 用人单位以此取消招聘是否要担责？近日，记者从上海市浦东新区人民法院获知了这起案件。

In June 2023, Ms. Yan received an induction notice from a company in Shanghai, informing her that she had applied for the position of finance director. In addition to stating salary, check-in time and other information, the notice also required Ms. Yan to provide human chorionic gonadotropin (HCG) report, which is usually used to diagnose pregnancy.

Ms. Yan agreed to join the job and resigned from the original company. When she was tested as required, she found that she was pregnant, so she truthfully informed the situation. Unexpectedly, a few days later, the company suddenly notified Ms. Yan that the position was cancelled due to planned adjustment, and on other platforms, the company was still releasing recruitment information for the same position.

After many failed communications, Ms. Yan fell into unemployment, so she sued the court on the grounds that the company infringed on workers 'equal employment rights and maliciously cancelled positions, demanding compensation of more than 30,000 yuan. The defendant company argued that the entry notice was based on a template, it was unclear that HCG was a pregnancy test, and there was no employment discrimination. The cancellation of the position was due to development needs, and Ms. Yan's losses should not be borne by the company.

法院经审理后认为，劳动者的平等就业权受法律保护。 The defendant used the pregnancy test as an entry physical examination item, violating the Law on the Protection of Women's Rights and Interests. After learning that the applicant was pregnant, he maliciously cancelled the recruitment position, committing employment discrimination. ，侵害劳动者平等就业权，应承担缔约过失责任。最终在法院主持下，双方达成调解协议，该公司赔偿严女士相关损失3万余元。

The judge pointed out that the Employment Promotion Law and the Women's Rights and Interests Protection Law both clearly stipulate that employers may not refuse to hire women or raise recruitment standards for women on the grounds of gender. Nine departments including the Ministry of Human Resources and social protection and the Supreme People's Court have also jointly issued relevant notices, clearly stipulating that employers must not use pregnancy tests as an entry physical examination item. Therefore, workers can refuse the employer's request to conduct a pregnancy test before entering the job.

In addition, after the employer issued the induction notice, the worker has not yet gone to work and has not established a labor relationship. Disputes between the two parties do not fall within the scope of labor disputes, but this does not mean that the employer can cancel them at will. Generally speaking, after receiving the entry notice, workers may resign or refuse other entry offers based on trust. Once the employment is withdrawn at this time, the workers will have to find employment opportunities again, resulting in a loss of salary income for a period of time. When the loss is caused by the employer's intentional or negligent breach of previous contractual obligations, the employer shall bear the liability for contractual negligence and make compensation.

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