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Can we ask if employee is pregnant?

CindyGCindyG 44 Posts
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We have a fairly new production employee who our Supervisor thinks may be pregnant. Due to the the garments she wears, it's difficult to determine. Due to the physical nature of her job, the Supervisor wants to ask her if she's pregnant so that we don't ask her to perform physical tasks, such has lifting. She's also concerned about the notice for a leave of absence she may (or may) not give after her delivery. My question is "Can we ask her if she's pregnant out of concern for her safety?" My first thought is "No" because she can still perform the essential functions of the job and it would be her duty to inform us if she couldn't. However, if we noticed an employee with a medical condition impacting their ability to lift, for example, we might think twice before asking them to lift something heavy. It's also our policy for employees to notify us of any injuries or conditions they may have that might impact their work here. Do you think that perhaps we're "assuming" the employee has limitations due to pregnancy and should just go about "business as usual" and not ask her? Or should we ask her out of concern for her safety? I wouldn't want to insult her if, in fact, she's not pregnant! Thanks for you help!
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  • 6 Comments sorted by Votes Date Added
  • WhateverWhatever 1,945 Posts
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    don't ask..don't ask...don't ask. And, I'm also concerned that the supervisor is concerned about the notice for leave of absence the ee may not give after delivery (makes the supervisor's motive sound a little suspicious--sort of like an old fashioned male). She is still doing the job. If she doesn't do the job, discuss performance issues only. If she asks for the accomodation because she is pregnant, make a decision based on the law.
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  • VSVS 77 Posts
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    Agree completely with Whatever. Just deal with performance, the rest of the situation will fall into place as time progresses.
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  • SystemSystem 5,885 Posts
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    Ditto, here. Don't ask for the obvious legal concerns and implications.Remember pregnancy must be treated as any other condition or temproray disability, so if you don't seek out information about other "suspected" medical conditions (which you shouldn't do) then certainly don't do so in a case of suspected pregnancy. But even more imprortant, what gives this supervisor suspiciaon of her "condition"? If its a little weight gain, and nothing more than that, I would not want to be anywhere near that conversation when the question is posed to her........
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  • CindyGCindyG 44 Posts
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    That's the problem, that the supervisor wants to treat this like we do other disabilities per our policy. If she sees someone has a medical issue, then she requires them to bring in a note from their doctor saying that they don't have any restrictions to perform their duties. Our policy is that people need to be able to perform regular duty without restrictions. The reason is to prevent our work from aggravating any conditions and owning an injury. It's because we've been burned in the past where someone had her gall bladder out (or something related to her internal abdomen area) and then returned to work and said that the work aggravated her condition causing more pain because she wasn't completely healed (although her doctor cleared her to return to work).
    It sounds like what you're all saying is not to "perceive" that this woman has a disability even if she is pregnant. The reason the supervisor is suspecting pregnancy is because in this woman's culture, they have many children - and she looks larger in her abdomen area! I believe the employee already has 10 kids and she wears loose garments that disguise her body. I know, I wouldn't want to be the one asking her the question and risk insulting her!
    Thanks!
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  • LindaSLindaS 1,510 Posts
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    When this employee was hired did you go through the essential functions of the job? Did this include the physical requirements? If you did, then the EE is aware of the expectations of the job and if there is something that she feels that she cannot do it is her responsibility to approach either you or her supervisor about. It is neither the responsibility of you or the supervisor to go around "babysitting" the employees. These are adults (correct?) and have the ability to speak so if there is something wrong, they should be coming to someone who can do something about it.

    Your post also states that if she were pregnant the supervisor would not ask her to lift anything "heavy". What is "heavy"? Second, simply being pregnant does not mean that you are automatically an invalid and cannot perform your job. Leave it to the individual to come to you to make the request, don't make assumptions.

    Go on with business as usual.
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  • moonmoon 45 Posts
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    Although you don't mention ADA, it seems that the ADA is influencing your thinking but the ADA does not apply here. There is nothing wrong however in anticipating that the FMLA which does cover pregnancy may come into play in the future as well as whatever your State Law may be if more restrictive than FMLA as it is in Louisiana.

    Moon, LA
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