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
  • Irvine, 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.

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