Can an employer ask this?

shoppingnoodles

Hi there.

A few days ago during a review, my male employer, who is in his 70's, asked me if "at certain times of the month" I had difficulties at work. Frankly, I was really shocked and embarrassed by this.

Is it legal for an employer to ask a question about menstruation? If it isn't, what law does it breach?

Thank you for your help.

HappyMJ

It's highly inappropriate but not illegal as such. If it is I'd really like to know which law as well.

skintandscared_2

No, it's not allowed. An interviewer cannot ask you anything that they would not also ask a man - e.g. are you planning a family, etc.

A quick google throws up the Equality Act 2010 and the Sex Discrimination Act 1975 as worth looking at.

Andy_L

Lets suspose for a moment that you did have difficulties "at certain times of the month" and it was affecting your and/or other people's performance at work then, especially if someone had complained about it, I reckon they'd have to investigate it.

skintandscared_2

Andy_L wrote: »

Lets suspose for a moment that you did have difficulties "at certain times of the month" and it was affecting your and/or other people's performance at work then, especially if someone had complained about it, I reckon they'd have to investigate it.

If such a situation arose and it was causing regular time off work, etc, then of course an employer would have cause to perhaps refer the employee to a firm's doctor, in the same way they would deal with any other medical condition of any other employee. That is not the same as an interviewer asking a woman if they have "problem periods"!!

Emmzi

"right before payday when I'm skint. Would you like to fix that with a pay rise?"

Before leaping in - do you have a history of absence that follows the same pattern as a cycle?

Also folks this looks like a performance review not a job interview.

persa

I'm not entirely sure of the legal position (Emmzi?) but for me, I guess how outraged I would be would depend on whether this was obviously intended as a spiteful comment from a pig of a man, or a fair cop. Most women soldier on when they have their periods, but some do actually fall to pieces - a female acquaintance of mine did in the past turn into a train wreck when she was menstruating. She's fine now, having sought medical intervention, but she really struggled before and I guess it was obvious if you kept a diary...

Emmzi

persa, "it depends." There isn't enough background information to make a call on it.

j.e.j.

shoppingnoodles wrote: »

Hi there.

A few days ago during a review, my male employer, who is in his 70's, asked me if "at certain times of the month" I had difficulties at work. Frankly, I was really shocked and embarrassed by this.

Is it legal for an employer to ask a question about menstruation? If it isn't, what law does it breach?

Thank you for your help.

It seems a bit of an inappropriate question. Was it following a conversation about your behaviour or work performance, or was it apropos of nothing?

Im not sure about the legal side of things, tbh. I guess if it made you feel very uncomfortable and embarrassed and he had no particular reason to ask you this, it could be construed as sexual harrassment?

scheming_gypsy

skintandscared wrote: »

That is not the same as an interviewer asking a woman if they have "problem periods"!!

it wasn't an interviewer. The OP was asked by their employer during a review, not a potential employer during an interview.

t0rt0ise

You could always just reply "no" and that's it, done.