Can an employer ask this?

DVardysShadow

skintandscared wrote: »

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.

Thus handing over a wonderful pretext for asking such questions on a plate: "Well, I ask all the blokes whether they have a difficult time of the month - and the ladies too, so I am not discriminating".

j.e.j.

shoppingnoodles wrote: »

In answer to the questions, this came up at a performance review. I am only 2 weeks off my 1st year with this employer and he has recently let a number of people employed for under a year go, as business is down. I am their top performer, but his question came as he said that my performance was not always consistent.

I responded to his question by telling him that I felt it was a highly inappropriate thing to ask and that I had no intention of discussing this with him.

We live in very strange times or employment, methinks.

Thanks for updating. You are right, it's highly inappropriate and surely not for him to go about 'diagnosing' any imperfections in your work with a medical condition.

RobertoMoir

shoppingnoodles wrote: »

Thank you so much for giving me a good laugh!
In answer to the questions, this came up at a performance review. I am only 2 weeks off my 1st year with this employer and he has recently let a number of people employed for under a year go, as business is down. I am their top performer, but his question came as he said that my performance was not always consistent.

I responded to his question by telling him that I felt it was a highly inappropriate thing to ask and that I had no intention of discussing this with him.

We live in very strange times or employment, methinks.

That makes sense. He's well within his rights to draw your attention to inconsistent performance if that is the case, but yes he shouldn't really dive into that sort of speculation as to why - simply say there was an issue that you need to address and maybe ask you if there were any concerns you had (There are lots of reasons why someone's head might not be in the game every now and again) but essentially leave it up to you.

tescobabe69

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.

Your employer (you know, the guy that pays your wages) has obviously noticed or been informed that at certain times your performance is not as good as it usually is, in an effort to improve your performance he has broached , for a seventy year old man a very uncomfortable subject.
OR
There is a task you undertake on a monthly basis, which, you are consistently performing badly, and he wished to discuss improvement.
OR
You are throwing sickies and there is a pattern.

Either way, as you say you have'nt done a year so he was probably trying to decide whether to keep you on
If he had said " I think your menstrual cycle is affecting your performance at work is there any way we could help?" you may be right to be outraged, but from what you have told us he didnt say that, did he ?

Emmzi

shoppingnoodles wrote: »

I responded to his question by telling him that I felt it was a highly inappropriate thing to ask and that I had no intention of discussing this with him.

We live in very strange times or employment, methinks.

But he didn't mention menstruation.

Why does he believe there is a problem? I think with you being in probation you'd do well to work that out and address it pronto.

FOX_HOUND

OP: There are some here who are trying to reverse the argument blaming you for possibly misunderstanding what he meant. You believe that he was referring to menstruation. That's good enough for me.

He is badly out of order. I could go down the route of bringing my brand of left-wing politics regarding lack of employment rights, so on, but I won't.

Jarndyce

bobajob_1966 wrote: »

It is suggestions like this that give women in business a bad reputation. Yes, the question was unsuitable, but did it really do any harm? If every woman shouted 'harassment' at the slightest comment tribunals would be swamped with actions, and employers would do everything they can to avoid recruiting us.

OP, laugh it off. Older men in particular have no idea of how to approach these issues, and I would guess that he was more embarrassed than you!

It was not a suggestion, it was a statement of the law. I made it very clear in my first post that I was making no comment on the advisability of pursuing the matter.

glasgowdan

Why are women so sensitive to things like this? It's no big deal, whatever...and to suggest raising a grievance is pathetic. That's the type of thing that's wrong with the world of employment.

To use a tried and tested phrase - man up!

The OP generally seems ok with this and hasn't been mentally scarred or left feeling sexually abused. It's all about knowing how to interact with and interpret people.

Emmzi

FOX_HOUND wrote: »

OP: There are some here who are trying to reverse the argument blaming you for possibly misunderstanding what he meant. You believe that he was referring to menstruation. That's good enough for me.

He is badly out of order. I could go down the route of bringing my brand of left-wing politics regarding lack of employment rights, so on, but I won't.

Fox hound, I have not assumed anything, but I have asked OP why he might think there was an issue, and OP has chosen not to reply to that.

LadyMissA

glasgowdan wrote: »

Why are women so sensitive to things like this? It's no big deal, whatever...and to suggest raising a grievance is pathetic. That's the type of thing that's wrong with the world of employment.

To use a tried and tested phrase - man up!

The OP generally seems ok with this and hasn't been mentally scarred or left feeling sexually abused. It's all about knowing how to interact with and interpret people.

It's no big deal as you are a bloke (I take it) - it's a sexist comment