Tuesday, April 14, 2015

Do employers have the right to ask women if they are planning on having children?

Do employers have the right to ask women if they are planning on having children?
Almost certainly no. In the UK absolutely not. In the United States absolutely not.Unfortunately the law really is a paper tiger in this sphere. The only time you are likely to be asked this is by a private sector company who do not have any accountability for who they do or do not give a job to. They could ask you any question they liked within reason and it wouldn't be worth pursuing if you didn't get the jobHowever, you can play them at their own game. If asked this (though I am not a woman) I would answer "I don't believe that is at all relevant to my ability to perform this role, however I am willing to answer the question since it has been asked. I am not planning on having children as I am infertile."Then, go ahead and have as many children as you want. They can't sack you for having children regardless of whether you told them you wouldn't/couldn't because that in itself is not allowed. Or rather, they could sack you but would have to come up with some other [phoney] excuse, like you were always late (sic!) or you were incompetent in your role.Added: (in the US) CAUTION: There are several states which are "right-to-work" states in which the law states that you are an "at-will" employee - meaning, the employer can discharge you at any time for any reason and you have no recourse. Check to see if you live/work in one of those states! With that one caveat, the first answer is perfect.

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