Asking Employees Pregnancy Related Questions – Info HR

Jul18

A client wants to ask their employees whether or not they had ever been pregnant while working at their company, and whether they’ve supported a pregnant partner who worked there. I assume this is illegal sex discrimination under Title VII of Civil Rights Act. Am I right?

Asking an employee if they’re currently pregnant or have been recently pregnant, in itself, doesn’t constitute illegal sexual harassment (unless the question is asked so many times and becomes so offensive it creates a hostile work environment). However, taking adverse action against an employee due to her pregnancy is illegal. It’s absolutely not good practice to ask such questions.

Why would the client be interested in such information? Is the employer considering adding maternity/paternity benefits? If so, then encourage them to obtain any information needed in making such determinations in a less intrusive manner.

The client should be informed that such questions open the door to discrimination claims and should be completely avoided. Again, question the reasoning behind requesting the information. It may in fact be a legitimate business need that can be addressed in a more professional manner.