Can an employer ask this?

mumps

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.

I had to talk to a male employee who was having problems at a certain time of the month, every month. He was off sick with a hangover after every payday.

poet123

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!

With respect his intent is key.

If (like a colleague of mine) the OP is boorish and unreasonable for one week out of four to the extent it adversely affects her job, and she plans all her social occasions not to co-incide with her period, and yet considers this perfectly normal and something which should be accommodated by all, then her employer is within his rights to address the matter.

RobertoMoir

glasgowdan wrote: »

Why are women so sensitive to things like this?

Seriously?

The 1950s called and they want their attitude to staff relations back.

It's perfectly legitimate to tell someone they've got a performance issue they need to deal with, but not to speculate as to whether or not its down to certain intimate personal details.

If you as the employee then choose to tell them your performance issues are down to medical reasons then that is another thing. If the boss felt there was an issue they should have raised the issue, not speculated as to why.

glasgowdan wrote: »

The OP generally seems ok with this

I'd suggest that if they felt that OK with it then they wouldn't feel the need to post here.

glasgowdan wrote: »

It's all about knowing how to interact with and interpret people.

Well quite. And I'd suggest that the OP's boss has some failings in that area. No matter how innocent (or not) their intentions, they've clearly managed to ask the OP in a way the OP had found uncomfortable.

mountainofdebt

Some people like to take offence where none is intended.

Soldierearth54

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!

Unwelcome and uncomfortable comments do not equate to sexual harrassment. During job reviews questions are often uncomfortable particularly as someone, in a sense, in being criticised by the nature of the reviewers comments/questions. probably shouldn't condemn the guy and be pointing someone in the direction of acts of parliament to allow the guy to be hung by HR.

I would advise you raise it with the reviewer as any grievance you raise will then in turn result in you being asked if you have done this. If he has never made you feel this way before with his line of questioning then you should be able to speak with him about this.

Good luck.

FOX_HOUND

Emmzi wrote: »

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.

In the first post it is quite clear that the op believes that her employer was referring to her menstrual cycle. That's enough for me.

poet123

FOX_HOUND wrote: »

In the first post it is quite clear that the op believes that her employer was referring to her menstrual cycle. That's enough for me.

And if indeed it is her menstrual cycle which is causing a problem should it not be addressed because it is a "sensitive" issue? Perhaps her boss has received complaints from other staff or customers/clients. Maybe he was giving her the opportunity to bring it out into the open.

FOX_HOUND

poet123 wrote: »

And if indeed it is her menstrual cycle which is causing a problem should it not be addressed because it is a "sensitive" issue? Perhaps her boss has received complaints from other staff or customers/clients. Maybe he was giving her the opportunity to bring it out into the open.

Stop trying to shift the blame around. She says he made inappropriate remarks. He made inappropriate remarks.

Murtle

Why jump to conclusions and not ask your boss for clarity? Why is a question about menstruation so abhorrent?

poet123

FOX_HOUND wrote: »

Stop trying to shift the blame around. She says he made inappropriate remarks. He made inappropriate remarks.

I am not trying to shift the blame, perhaps he should have been more upfront if he had received complaints or if time off sick is an issue, and asked her directly. Maybe he is inept or clumsy in his dealings, it doesnt make it sexual harassment though, or make it an issue which should not be addressed if it is causing problems.