Is this a discrimination case? Does this sound like discrimination or does he not have much to stand on?

Asked almost 4 years ago - Saint Paul, MN

Recently my husband has been disciplined at work and even demeaned in his reviews about his "excessive bathroom breaks."He is given high remarks in all other areas, but being that he has to use the bathroom several times a day, in addition to his allotted breaks, he is being threatened with being written up and including it being on his permanent record. The supervisors also use this as an excuse to not promote him or give him adequate raises.He has been medically examined and while there is no outright reason to have this issue, his mother had the same issue and so does his brother, and his son.Furthermore, medical research has proven that excessive bladder restriction can lead to infections, and later on in life, be related to prostate cancer and ED.

Attorney answers (2)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . Being away from the work desk for bathroom breaks can be a cause of discipline.

    As an at-will employee, you can quit at any time for any reason, you can be fired for any reason, a rotten reason, or no reason, except unlawful discrimination. If you do not have an employment contract or union to represent you, your recourse is limited. Discrimination based on age, gender, race, religious beliefs etc.... may give rise to a different answer.

    You might find my Legal Guide helpful "Workplace Discrimination: A Basis for Wrongful Termination Claims"

    http://www.avvo.com/legal-guides/ugc/workplace-...

    If you have a discrimination theory about retaliatory discharge or hostile workplace conditions you'll need a lawyer. Religious belief, age, gender, race etc. all are discriminatory reasons for which you cannot be legally fired and upon which you might base a wrongful termination suit.

    You might find my Legal Guide helpful "How to Choose a Lawyer for you.”

    http://www.avvo.com/legal-guides/ugc/how-to-cho...

    You might find my Legal Guide helpful "What Do I Tell My Lawyer"?

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    No one can know what the record is in the case because online we cannot find out any details. Check with a lawyer in your locale to discuss more of the details.

    Good luck to you.

    God bless. Best of luck to you.

    If you found this answer helpful, let me know by clicking the Thumbs-Up tab at the bottom. You may mark this as a Best Answer for the time I spent crafting this and thinking about your matter.

  2. William Ira Corman

    Contributor Level 14

    Answered . Your husband need to speak with a physician to determine if he has a specific disability as defined by federal or Minnesota state law. If so, then the employer has an obligation to provide reasonable accommodation which should include his need for more frequent bathroom breaks than other employees might have. I recommend that you speak to a local employment law attorney who can assist you in this matter.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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