Can an employer ask this?

LadyMissA

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.

why did they ask you? Have you been having a lot of time of sick?

And what did you say?

clairec79

Or it could be another woman has been saying that she needs more toilet breaks during her period and he's trying to find out if others have the same problem

Jarndyce

This is sexual harassment. The question was related to yoiur sex, was unwelcome, and it made you feel intimidated and humiliated.

If you want to do anything about it, you will need to submit a grievance.
You could then apply to an employment tribunal also.

I make no comment about the advisability of either course of action, although no doubt others will have views.

scheming_gypsy

clairec79 wrote: »

Or it could be another woman has been saying that she needs more toilet breaks during her period and he's trying to find out if others have the same problem

Or somebody might have complained that the OP seems to have off periods... (pardon the pun)

Sambucus_Nigra

Can he? Well he just did.

The question is - what are you going to do about it and how far are you prepared to go?

Is this employer a manager with a higher management tier - or the top boss man?

Avocado

My standard reaction to things like this is "what sort of a question is that?"! It puts the onus on the asker to either justify it or go without an answer. Too late now of course though.

I don't know the law but it's definately not appropriate and definately creepy, gross and wrong. It could be his age, in the 1970's he was in his 20's, it's not impossible his default attitude is chauvenist-pig and therefore he sees no wrongdoing in it.

He'll be asking you if you shag on weeknights next.

Sambucus_Nigra

Avocado wrote: »

My standard reaction to things like this is "what sort of a question is that?"! It puts the onus on the asker to either justify it or go without an answer. Too late now of course though.

I don't know the law but it's definately not appropriate and definately creepy, gross and wrong. It could be his age, in the 1970's he was in his 20's, it's not impossible his default attitude is chauvenist-pig and therefore he sees no wrongdoing in it.

He'll be asking you if you shag on weeknights next.

Mine is always 'in what context?'.

He could of course be asking about the effects of the last week before payday and just not asked it very well. I doubt it, but you never know.

RobertoMoir

skintandscared wrote: »

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"!!

It's not a job interview though. It's a performance review, according to the OP.

In that context, as much as it might be disturbing, it might well be part of an honest search for an explanation for a pattern of performance issues? I'm not trying to excuse any inappropriate behaviour on their part, just trying to say that it might not be asked with the intention of being offensive or inappropriate.

I don't know the law but it's definately not appropriate and definately creepy, gross and wrong. It could be his age, in the 1970's he was in his 20's, it's not impossible his default attitude is chauvenist-pig and therefore he sees no wrongdoing in it.

He might also be asking - somewhat clumsily and inappropriately, I agree, if there is any reason why an otherwise good employee performs poorly at certain times.

Jarndyce

With respect it doesn't matter what his intention was, how old he is, or whether it was an interview, performance review or chat in the corridor. The comment was unwelcome and created an uncomfortable environment therefore it is sexual harassment, whichever way you want to look at it.

Stop making excuses for the man!

ViolaLass

Jarndyce wrote: »

With respect it doesn't matter what his intention was, how old he is, or whether it was an interview, performance review or chat in the corridor. The comment was unwelcome and created an uncomfortable environment therefore it is sexual harassment, whichever way you want to look at it.

Stop making excuses for the man!

But it may have been misinterpreted - we only have the OP's interpretation of the comment and others have offered possible alternative meanings of the question.