Can a person be terminated for gong to the bathroom?

[lightingbird]

What is the name of your state? Saint Louis, Missouri

There is a client of mine that is having an issue with him employer about going to the bathroom. He works for Charter communications and he gets a 30 min lunch break and 2 15 minute breaks. He has one kidney and some other related issues so some days he goes to the bathroom a bit more. At his job they what is called "emergency breaks". Hell use them maybe every other day any where from 2 - 8 mins extra. He has presented a doctors note explaining his condition. His immediate supervisior harasses him quite often about his breaks still. He is currently been somewhat put on notice about using the bathroom. Currently he has spoken to his doctor again to get a medical accomdation to give more details on why he needs the additional breaks and when.

Can he be terminated for this? If so, does he have any grounds for an actual lawsuit and what type?

Thanks as ususal.

 

[HomeGuru]

What is the name of your state? Saint Louis, Missouri

There is a client of mine that is having an issue with him employer about going to the bathroom. He works for Charter communications and he gets a 30 min lunch break and 2 15 minute breaks. He has one kidney and some other related issues so some days he goes to the bathroom a bit more. At his job they what is called "emergency breaks". Hell use them maybe every other day any where from 2 - 8 mins extra. He has presented a doctors note explaining his condition. His immediate supervisior harasses him quite often about his breaks still. He is currently been somewhat put on notice about using the bathroom. Currently he has spoken to his doctor again to get a medical accomdation to give more details on why he needs the additional breaks and when.

Can he be terminated for this? If so, does he have any grounds for an actual lawsuit and what type?

Thanks as ususal.

**A: have him contact the state DOL.

 

[cbg]

No, it's the EEOC he needs to be talking to. There is case law specific to this subject but I'm going to have to look it up.

 

[consernicus]

Similar Issue

I have a similar issue. My company allots 2 15 minute breaks and a 30 minute lunch throughout the day and we are required to strictly adhere to our schedule. I have to use the restroom at times other than what they allow and I have been required to provide a doctors note for the condition. The doctors note states: "Patient will require frequent trips to the restroom for the next year due to medical problem.". The HR department has responded to me stating that they need more details about the medical condition. Do they have a right to ask for this information or is this covered by HIPAA?

 

[VeronicaLodge]

they can ask you to provide more information or to have your doctor clarify something (i think) but can not call or contact your doctor directly and talk about your condition. if your doctor did, its your doctor that would be in violation not your empoyer

 

[Zigner]

I have a similar issue. My company allots 2 15 minute breaks and a 30 minute lunch throughout the day and we are required to strictly adhere to our schedule. I have to use the restroom at times other than what they allow and I have been required to provide a doctors note for the condition. The doctors note states: "Patient will require frequent trips to the restroom for the next year due to medical problem.". The HR department has responded to me stating that they need more details about the medical condition. Do they have a right to ask for this information or is this covered by HIPAA?

You should start your own thread with your question.