Any legal minds in the house?

[Dyedinthewoolliberal]

Can a supervisor ask a female employee if she's going to have any more (she just had one in the last year) kids? And tell her, if she does, she can't work there anymore?
Comments?

[pipoman]

1. No

[yourout]

2. That sounds like a lawsuit to me. Supervisor will be looking for a new job soon.

[Wait Wut]

3. Maybe ask someone here:

http://www.equalrights.org/legal-help/know-your-rights/sex-discrimination-at-work/

I did a search for 'gender discrimination in the workplace'. You might want to check some other links.

[1StrongBlackMan]

4. Yes, a supervisor can ...

it's unlawful; but that does not seem to bother supervisors.

That said, have her contact the EEOC and/or state agency. If the supervisor told her that, he/she probably has told others that AND has likely fired, or not hired, others for being pregnant.

[Hoppy]

7. If the job is in a red state, he can. No one will prosecute.

[Gothmog]

5. First you need to have more than 15 employees

Most of the fair wage and anti-discrimination laws only apply to companies with more than 15 employees. If this is a private employer with more than 15 employees, then you may have a case. It is going to be a he said/she said type conflict which can be difficult to win

[pipoman]

6. Not as difficult

If she tells people now, then gets pregnant and fired. She wouldn't have any reason to poke the hornets nest until then.

[jberryhill]

8. By "work there"....

...do you mean work at that site or facility, or work for the company at all?

Does the work site involve exposure to teratogenic agents?

[Dyedinthewoolliberal]

10. She took it to mean she

couldn't work at that particular job (or office) any more. The work site is a social service agency.

[jberryhill]

11. Is it a government agency?

[Dyedinthewoolliberal]

13. No. A faith based organization

eom

[jberryhill]

15. Is your friend married?

Last edited Wed Mar 19, 2014, 12:58 PM - Edit history (1)

Faith based organizations can be an entirely different animal from other employers.

[Dyedinthewoolliberal]

17. Yes she is,

and the resolution to the matter was to have her report to someone different and no longer is supervised by this individual.

[jberryhill]

18. Awesome

[idendoit]

9. Can a supervisor ask? Yes. Is it legal?

Not under federal law.

[Recursion]

12. How much does the supervisor enjoy paying large settlements? (nt)

[meow2u3]

14. AINAL, but a supervisor can't legally ask about plans for more kids

But AFAIK, a supervisor can legally ask an employee, male or female, if he or she is willing to work overtime.

[Tommy_Carcetti]

16. No.

Parenthood is considered a "protected class" in which employers cannot discriminate, even in an at-will employment setting.

[jberryhill]

19. Faith based organization...

[Liberal_in_LA]

20. hell no!