Pregnancy Confidentiality at Work
Some may wonder if an employer can disclose an employee’s pregnancy in the workplace. Here’s how to know if your boss can tell other employees you’re pregnant.
Generally, pregnancy is considered to be personal information. Therefore, an employer should not share an employee’s personal information without the employee’s consent or authorization. If an employer is engaging in derogatory conversation regarding a pregnant employee, this may constitute pregnancy discrimination in the workplace.
Can an Employer Ask If I’m Pregnant?
Firstly, a pregnant employee is not legally required to disclose their pregnancy to either a potential or current employer. However, a pregnant employee should consider notifying their current employer as soon as possible for the necessary accommodations and benefits. While employers are not prohibited from asking an employee if they are pregnant, the employee is not legally required to answer. Generally, it is discouraged for employers to ask whether an employee is pregnant as it can be considered in the investigation of a pregnancy discrimination charge.
Related: Pregnant Employee Rights in California
Can an Employer Talk About My Pregnancy in the Workplace?
Even if a pregnant employee voluntarily discloses her pregnancy to an employer, the employer should not share such personal information with other employees in the workplace. Discussing the pregnant employee’s status may be considered a breach of confidentiality. Moreover, such discussions involving the employer can pave the way for pregnancy-based harassment in the workplace.
Under the Pregnancy Discrimination Act (PDA), federal law prohibits workplace discrimination and harassment against a woman who was or is pregnant, intends to be pregnant, has a medical condition related to pregnancy, or has had or is currently considering an abortion. Frequent and severe pregnancy-based harassment is illegal and creates an unsafe or hostile work environment for the pregnant employee.
In an effort to prevent pregnancy discrimination in the workplace, it is important for employers to not engage in discussions that involve a pregnant employee’s personal information. It is best practice for employers to not share an employee’s medical information with others.
FAQs About Pregnancy Confidentiality in the Workplace
What should I do if my employer is engaging in derogatory discussion about my pregnancy with other employees?
If a pregnant employee believes they are facing pregnancy-based discrimination or harassment, they should take note of all discrimination incidences. It is important to have detailed information when bringing forth a discrimination claim. It is often recommended that communication with the employer be in written form to maintain records for possible evidence.
How can I file a claim against my employer for pregnancy-based harassment?
If a pregnant employee believes they have been discriminated against or harassed in the workplace, they should consider filing a pregnancy discrimination claim with the federal administrative agency, the Equal Employment Opportunity Commission (EEOC), and/or their state administrative agency. In California, that would be the Department of Fair Employment and Housing (DFEH).
Contact Her Lawyer
If your boss has told other employees that you’re pregnant or violated your rights, contact us. We’ll match you with the best lawyer in your local area for your needs and preferences. Get your free consultation with one of our Pregnancy Discrimination Attorneys in California today!