Can an employer be held liable if an employee gets pregnant on the job?

Question

It was consensual. Noboby is disputing that. But I have been informed that since I put in the uni-sex bathrooms, state ordered by the way, I could be liable for creating an "attractive nuisance" situation.

It seems that some of my employees went a little wild in there. Now I am looking at several paternity suits naming me as the cause. Not the father mind you. Just the employer that created an environment that was condusive to sexual actions.

Does this seem fair or reasonable?

Answer 1

Unfortunately yours will not be the first case that has been brought to court (see: Brown vs. Burger King).

However, it is not all doom-and-gloom, because the presiding Judge in that aforementioned case, instructed the defendant to comply with the following within 30 days to avoid a Grand Jury:

1. Condom machine installed in uni-sex bathroom (no 'speciality flavors')
2. Mid-wife on 24 hour call
3. Map of how to get to the local Hospital to be displayed on walls every 45' throughout the building.
4. Piped-music to be un-condusive to the act of intercourse
5. 'Breathing classes' for all women capable of child-birth, every 6 months
6. Water-pool available for women that wish to give birth in such a manner
7. Life-guard for above water-pool

Complying with this list is no real guarantee that you will be not sued, but it will certainly help you should the plaintiff continue with the course of action that you have described.

Good luck.

Answer 2

Very doubtful that you could successfully hold the employer responsible (and yes, I am fully aware of the doctrine of respondeat superior - it is a favorite on the bar exam). The problem you face is that the employee's threat was not a part of the performance of her job duties. The general rule is that an employer is NOT responsible for the intentional torts of an employee unless the tort is part of the employee's job. Obviously, the employee here was not employed to threaten customers with violence or death. The employer immediately remedied the situation by firing the person as soon as the threat became known to management. Now, if you could prove that she had a history of threatening customers, you might be able to get somewhere, but I have a hard time believing that they let this go on if they fired her right after she did it to you. So long story short, no, I do not believe you have a case and its not one I would take were you to walk into my office. Oh, and needless to say that you do have a lawsuit against the former employee for intentional infliction of emotional distress, etc.

Answer 3

This is what comes of the government interfering in private enterprise to such an extent that something like this can occur. It is, without a doubt, a most detestable state of affairs. Unfortunately, I am not certain the adults involved in this unjust situation can actually get away with naming you as "the cause." In my mind this is something to be thrown out of court as being frivolous but in today's litigious society, who knows! The courts are equally to blame for entertaining such nonsense and awarding plaintiffs damages. As a business owner I'm hoping you have an attorney that can advise you and act in your best interests. If the uni-sex bathrooms were indeed state mandated, I don't see a problem legally but one cannot negate the nuisance value of such assertions. Please don't give in to this. Fight it and fight it hard so that this cannot happen to other business owners. Good luck!

Answer 4

I really don't see how you can get pregnant if an employee gets pregnant in your bathroom. If this is so can i sue the veterans hospital? I got pregnant with my first child after having sex in the back seat of the car in their parking lot.

I think the only way you are liable is if you stood over them and forced them.....but then it would be rape, amongst a whole truck load of other offenses.

Answer 5

People are responsible for their own behavior. What a bunch of bull that you "created an environment that was conducive to sexual actions". A bathroom, even a shared one, does not sound to me like such an environment. People create environments that are conducive to sexual actions, and people engage in sexual actions. Why do some people want to believe that other people are responsible for their sex and / or bad decisions?

Answer 6

bull pucky its just a law suite hoping you will pay out rather then go to court no deserving judge will even hear this case that does not mean that it wont fly just a low probably it will go to court and no no no i don't think your liable they did other then work things at work fire them for fooling around at work
unisex bathrooms why what state would do this ?
i cant seem to find a law backing this situation

Answer 7

ONLY IN THE USA WILL THIS EVEN BE CONSIDER IN A COURT OF LAW.
well if get judge that is smart enough they will throw out the case because those ladies should have kept their legs closed to begin with and they should be suing the idiots that got them pregnant for child support instead of trying to take your money..

Answer 8

Since I have read some of your other questions, I have a hard time believing the conditions you state. Just as a compromise, I will give you some advise. Quit hiring children to work for you. Sell your business since it is obvious you have no management skills.

Answer 9

Wow..not at all fair or reasonable to me. This cannot be right!!

Did the bathroom you put in have dimmed lights, Barry White playing and candles or something?

Fight the suits and ask for solicitor client costs so you aren't wasting your money on this garbage.

Put up a condom machine in the bathroom and a sign that says one occupant at a time please.

Answer 10

I don't see how even in a fake lawyer would take that case.

So what if it is a uni-sex bathroom. How in the hell does that translate into the "let's have unprotected sex while at work" room.

I have never heard of anything so dumb in my whole life.