A TikTok video posted by @emily.the.recruiter, which had garnered more than 358,000 views and 215 comments at the time of publication, discusses what women should do if an employer asks certain questions about their pregnancy.
Emily reacted to another creator’s video and advised women to document conversations with their employers, arguing that some comments could potentially become relevant if an employment dispute or legal action follows.
The video begins with Emily reacting to a creator who said that after telling her boss she was pregnant, his response was, “Was it planned or unplanned?”
The creator found the question strange and inappropriate for an employer to ask an employee after learning she was pregnant.
Emily went further, arguing that the question could be discriminatory. An individual claiming to work in human resources also agreed, writing, “HR Management major here... VERY illegal!”
Emily explained that questions about whether a pregnancy was planned could potentially be used to treat an employee differently because she is pregnant. She argued that the wording could also make an employee feel as though her pregnancy is an inconvenience to the company.
“What they're basically saying is, ‘You really inconvenienced me with this. Did you plan this? This is inconvenient for me,’” Emily said.
Viewers Debate Whether a Boss Should Ask an Employee If Her Pregnancy Was Planned
Emily advises women who encounter this type of situation to document the conversation for their records. She suggested either recording the conversation where legally permitted or writing down the date, time and details of what was said.
She argued that keeping a record could be important if an employer later attempts to pressure or harass a pregnant employee into leaving her job before she becomes eligible for parental leave.
That documentation, she said, could potentially serve as evidence if the situation escalates and the employee decides to consult an attorney.
However, recording laws vary by state, so employees should check the laws where they live before recording a workplace conversation.
Emily’s advice comes amid a broader discussion online about how employers respond when employees disclose pregnancies and what workplace comments could potentially cross a legal line.
Reacting to the video, many commenters shared that they were also asked a similar question by an employer and felt uneasy about it, but didn't know it was illegal.
One commenter said when the topic of health insurance was introduced at a job interview, she was asked the exact same question. She wrote, "I went to a job interview once and when the topic of health insurance came up they asked if I ever planned on getting pregnant."
Another commenter said she only told her boss of her pregnancy after her permanency at the job was secured. She wrote, "I told my boss in my third trimester when the paperwork for my conversion to a permanent employee was complete."
A separate commenter advised the best ways to document your work conversations. She wrote, "How does one document it? Keep a private note or email it to oneself or to someone like HR. Please do a video on documentation - how to document."
The Daily Dot was unable to independently verify the claims made in the post, which are based on TikTok creator @emily.the.recruiter’s account and commentary shared in the video.
