May 3, 2007Bathroom Rights
Meryl,
I have been going thru severe harassment and went to HR and they settled. Now they are going back on their agreements and won’t allow me go to the bathroom, they said it is an undue hardship and it’s a removal of essential part of my job to use the bathroom during the for a few minutes. Are there laws that I can show them, especially if this is the government? Everyone else is allowed to use the bathroom. I know my answer is to leave but what do in due in the meantime.
Meryl Responds
I don’t have an answer for you, but I hope my readers do. Please click on comments below and click comments on the blog post and offer your input.
6 Comments »
RSS feed for comments on this post.
| TrackBack URI
You can also bookmark
this on del.icio.us or check the cosmos
I think you need to give a little more info. It seems crazy that any employer would prohibit someone from using the restroom. Does your job require you to be stationed at a desk or in one area for your entire work day? If you are comfortable with it, please give more info so we readers can offer helpful advice.
Comment by Laura — May 3, 2007 @ 1:33 pm
If you documented the agreement you made with HR, that should be sufficient in coming to a resolution. I do have some questions relating to the use of the bathroom; Do you need to use the space for reasons other than relief? Perhaps breastfeeding or pumping or to empty a colonoscopy bag? I would like to think your employer would be sympathetic to your needs. Start documentation immediately. Be clear and concise in your comments, and don’t be negative.
Comment by Gayla White — May 3, 2007 @ 2:17 pm
Here is info from an Employee Issues website - http://employeeissues.com/breaks_meals.htm - hope it helps!
Work Break and Meal Laws
There are no Federal labor or employment laws that require employers to set specific intervals or even make time for employees to take work breaks or eat meals.
Fewer than half the states have laws that require employers to make time for employees to eat meals. Even fewer states have laws that require employers to make time for employees to take work breaks. (See Work Breaks and Meals State Laws below.)
Although there are no Federal and few state laws that require employers to give bathroom breaks, the Federal Occupational Safety & Health Administration (OSHA) has interpreted a section in its Sanitation Standard, to mean that it “…requires employers to make toilet facilities available so that employees can use them when they need to do so. The employer may not impose unreasonable restrictions on employee use of the facilities.”
OSHA further clarified this interpretation in a letter dated April 23, 2003. Additionally, one of OSHA’s Safety and Health Guides recommends that “Additional break periods and meals should be provided when shifts are extended past normal work periods.”
Even though giving rest or meal breaks is not required under Federal law and the laws in most states, many employers do so anyway in accordance with industry (and OSHA) standards. Industry-standard breaks typically range from 5 to 30 minutes each.
Comment by Susan — May 3, 2007 @ 3:50 pm
You have the right to take as many breaks as reasonably necessary to go to the bathroom. There is no law requiring employers to provide a certain amount of bathroom breaks, but federal health and safety laws require employers to allow employees to use the bathroom when necessary and to have a sufficient number of toilets accessible from where you work. If you are unable to go to the bathroom when you need to, it can cause dangerous health problems. If you take an emergency break without the permission of your supervisor and you are punished, document it and seek legal aid. You can also contact the US Occupational Safety and Health Administration (OSHA) at 1-800-321-6742.
If you are using the bathroom for another reason that does not require a toilet and/or sink, perhaps another room could be made available to you. It would seem that you have someone that is sympathic and another that it not, help them find the middle point.
If you are a target, then they will find something else to hammer on you. Document it. Seek legal aide (free consultation with the employment attorney). And do look for another job; being valued at the workplace is priceless and worth looking for. My personal observation is that dysfunctional workplaces have an addicting quality (this is well-documented regarding families, but I believe the same is true at work). You can get sucked into the parallel universe and lose yourself, your self-esteem.
Comment by Susan — May 3, 2007 @ 7:11 pm
I think Laura is right. You need to provide a bit more information in order for folks to comment on your situation responsibly. You said you were a “government” employee, but not what level of government. That can make a lot of difference. A small town city employee is not going to have as much clout as a larger city or state or federal employee. I am a federal employee, and at that level, no matter what the law may say or not say on the subject, there are agency rules in place to protect you. You also did not mention an employee’s union. Does your agency have union representation? Talk to them! They should know the rules, how they’ve been broken in the past, and what solutions have been found. They should represent YOU, not the agency. (Do not be fooled into talking to someone in “labor relations” which in my agency is a department designed to advise managers on how to stay out of trouble. They DO NOT work for the employee.) If you do not have union representation, contact the ACLU. Most government agencies, at any level, have clear & definite guidelines in place for meal and “rest” breaks. Before any “agreement” was reached, there were probably actual rules and policies on the books for your agency or department. Try researching the rules yourself. They have to exist. On line, or through Freedom-of-Information requests from the agency itself. Government rules are supposed to be transparent and readily accessible to the public they serve. I don’t mean to sound like an alarmist, but this issue sounds bigger to me than just finding an articulate way to express your point of view. Good luck!
Comment by Kathleen — May 8, 2007 @ 7:38 am
DOCUMENT,DOCUMENT,DOCUMENT DATES,TIMES,REASONS,EYE WITTNESS.
Comment by Frances King — June 27, 2007 @ 1:22 pm