Is this legal or pregnancy discirmination?

Question

I am now 4 months pregnant and have informed my employer. I expected that it would be a supportive and happy environment, but I am starting to get suspicious of potential discriminatory behavior. Please tell me if you think this is illegal..

Before I announced my pregnancy my boss (complete busy body) suspected it and repeatedly asked me if I was pregnant. She also went to my various coworkers to see what they knew. When I finally announced it I asked her for discretion so that I could tell the rest of our team individually. I later found out that she told each of my coworkers on the sly that afternoon.

Over the past month she's brought my pregnancy up at very inappropriate times, including during meetings with clients. Today during a team meeting today I was asked in front of the group what my intentions are about returning after I give birth. I said I didn't think they could ask that, but they said they are within their right to.

Can they ask these questions?

I'm confused, since they legally have to hold my job for me (I've satisfied requirements under FMLA) and my position is somewhat protected, then they have to continue under the assumption I'll return, right?

Also, as far as actually asking me if I'm pregnant, that's not protected in any way? I know it is during interviews, but what about as an employee? Do they really have a right to ask you about that?

Answer 1

Your boss is not doing anything illegal. She's just being rude and tactless.

It would have been better for her to ask about your plans after the birth in a private meeting with you instead of putting you on the spot in front of your team members.

You might have a talk with her and explain that in the future you would prefer that she come to you first if she has questions or concerns that pertain to you personally. As for what you will do after you give birth, yes, that is information your boss needs so she can make plans if you are not going to be available, but again she is NOT going about this in a courteous manner.

Google the FMLA for more information about what your rights are as an employee.

Answer 2

It sounds like your boss is a nosy bee-yotch. Companies have every right to know what your expectations are, if you aren't sure however or don't want to say, simply say, " Gosh, I haven't thought it all through just yet" or something. If your company has 50 or more employees, you will be entitled to FMLA, the FAmily Medical Leave Act, which gives you up to 12 wks unpaid maternity leave. Your company can still replace you while you are on leave, but most places wouldn't dare. I got paranoid after I announced my pregnancy at the clinic I worked at.(I am 33 wks) I kept thinking, " The doctors are mad that I got pregnant and now they have to replace me for 3 mos,"etc. Just ridiculous stuff.They asked me pretty quickly what my intentions were so they weren't left hanging. Your employer has a right to ask your intentions as some people go on leave early.It is by no means discriminatory for them to need to be adequately staffed or trying to avoid a surprise leave on your part. Maybe they are just wanting to cover their bases. Be sure to look into your company's FMLA and get your paperwork started.Please don't let this stress you out and ruin your happy occasion.Best of luck to you !

Answer 3

I wouldn't say that her gossiping behind your back is discrimination.....just plain rude. Does she have a superior you can go to and complain?

As far as the discussion at a team meeting....I'm sure they can ask all the questions they want. They haven't actually *done* anything yet. Just update yourself on their maternity leave policies and maybe do some research about your state laws regarding this matter that way if they do try anything sneaky, you will be prepared. But as it stands, I don't think they really did anything illegal, maybe just rude.

edited:
I'm just assuming here, but I would think that they have a right to ask if you are pg while an employee. What are they going to do once you go on maternity leave? Someone is going to have to pick up your slack. It would also just be common courtesy. You wouldn't want to just leave them high and dry with no replacement. I've worked in HR and it's nice to know whether we need to start looking for someone else permanently or not, kwim?

Answer 4

They have no right to ask as it is considered a medical condition of confidential nature.

I have been let go of 2 jobs in the last 2 weeks becuase they found out that I was pregnant and now I am filing complaints with the humand rights commission.

Look it all up on line and you should be able to find guidelines as to what rights you have and how far an employer can go with questions as I believe it is different for all states. I am in Canada so I think we are different up here as well.

Answer 5

Fetuses are scientific waste. Period. ALL of them have got to be shipped off for trying out. Period. After the exams are entire, the outcome are despatched again to the health care professional who played the abortion & the fetus is discarded. (They're demonstrated for sicknesses, stipulations, and so forth. for quite a lot of causes, however such a lot importantly, whatever the fetus had on the factor of abortion, the lady is certain to have.) So, the fetus could on no account be hers. However, I'm one hundred% optimistic that it could be unlawful. There is probably not a legislation written on it primarily, however I'm definite they would prison her & use each and every feasible legislation they may be able to suppose of to hold her in even as they WRITE the legislation in opposition to consuming fetuses. It could generally fall below cannibalism (the consuming of like flesh, whether or not it ever real lived or no longer), misconduct of a corpse (relying on how a long way alongside the lady is & whether or not it is a republican or democrat who is dealing with the case, it would be viewed a corpse), misuse of scientific waste (considering that it's) & another matters. There's relatively no telling what they could do to her for that =S However, the fetus could on no account be hers after an abortion. (Yes, there is a legislation for misuse of scientific waste.)

Answer 6

Harassment is just what it says. Confidentiallity is a high priority in any work place. Go talk to human resourches or call the better business bureau in your area. As far as asking what your intention are... do not answer that. If you do it could harm you of benefits. Unemployment can be obtained after pregnancy or if you are put on bed rest. Some cases are excepted others are not.

Answer 7

I dont think shes doing anything illegal, but you can ask her to stop bringing up your pregnancy if you dont want her to. Just let her know that it's your baby, not hers and if you want to talk about it you will. And then if she doesn't listen to you, you may be able to talk to your HR director about it.

As far as asking what your plans are for after the baby, my boss always asked me and would do it during department meetings, one on one or any chance she got. I just always laughed it off and told her I was going to take my maternity leave and then play it by ear with what we could afford to take......Too bad I never went back to work for her. Good Luck

Answer 8

Your boss seems to be being rude but I think they can ask, after all if you are not going back to work then they need to replace you and start training a new person.

Answer 9

In my opinion, I think that was a smart question for them to ask. Maybe they thought you would be a stay-at-home-mom. Or they just wanted to know how long you were planning on staying out. I think they just want to protect themselves and your job. If they have to hire a temp, they will have to know how long to hire her/him for, and so on. I hope things work out for you.

Answer 10

They have the right to ask. They may need to know whether or not they will need to fill your position or hold it for you.