Temecula, CA asked in Employment Law and Sexual Harassment for California

Q: Is it illegal for your employer to ask you why you’re going to the bathroom (while on your cycle)?

One of our managers knows I’m on my period and yet every time I mention that I need to “go to the back” he pulls me aside and asks my why multiple times a day. I’m really uncomfortable and don’t know how to handle the situation. Is this legal in the state of California?

1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: If you are using the facilities at times other than your meal and rest periods, it is lawful for an employer to determine why you are not working and leaving your work area. That said, if you believe this supervisor is asking for a more creepy reason, you should report it to HR.

Good luck to you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.