Is it harassment for a boss to repeatedly ask a woman if she is “done” having kids?

Can a superior repeatedly ask a female employee if she is finished having children legally? The person asking is male and asked a female employee on several occasions if she was “done” having children. He also told the same female employee that he is repulsed by pregnant women and went into graphic detail. Is that harassment, or is it legal? Does the female employee have any rights?

Asked on August 15, 2012 under Employment Labor Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The law prohibits not just overt discrimination (e.g. firing or not hiring) against women, including on the basis of their being pregnant or having children, but also prevents harassment against them. The comments and behavior you describe may well constitute illegal harassment; you may wish to contact your state equal rights or civil rights department or agency, about filing a complaint.


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