One of the HR staff at our company recently asked me if I was planning to get pregnant soon. Should I be reporting this to someone?
One of the HR staff at our company recently asked me if I was planning to get pregnant soon. She was really casual about it, so I’m not even sure if it was on purpose, or if she was actually trying to dig for info. Regardless, is this legal? Should I be reporting this to someone?It is not illegal to ask an employee or job applicant if they plan to get pregnant, but it is ill-advised. Employers are prohibited from discriminating against existing employees because of their sex.
The employer may have reasons for these decisions unrelated to your family plans, but once the question is asked, especially by someone in HR, the seed of doubt is planted that the decision was discriminatory, and the employer is at risk of receiving a human rights complaint. A complaint puts the employer in the difficult position of proving that its decision was not influenced by a potential pregnancy.
In Ontario, an employer is prohibited from discriminating against an employee on the basis of pregnancy. For a non-unionized employee, these protections are available under both the Employment Standards Act and the Ontario Human Rights Code, covering the individual before pregnancy, while pregnant, and returning to work following a leave.
In the meantime, if you are feeling uncomfortable with the HR staff’s questions regarding your future family planning, you may need to escalate it. This could mean reporting your discomfort to that HR staff member’s manager or to another manager you trust. Also, keep detailed notes about future incidents or comments.
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