bigmomma1021
06-27-2006, 04:41 PM
I am 26 weeks pregnant and I go to the bathroom all the time. The other day I asked my boss if it was alright if i went to the ladies room again. She told me I was going to the bathroom to often and it was starting to interfere with my productivity. I told her i couldnt help it and that I really needed to go and she yelled at me and ordered me just to take my ten minute break and use the bathroom or I couldnt go at all. My assistant manager had a talk with me today, telling me that i had to watch how many bathroom breaks I take becaue my manager is going to stop letting me go unless it is on my own time(on my lunch break). Is she legally aloud to deny me the right to use the bathroom while I am pregnant?
Before I answer your question, I'd like to ask what state you are in as it could affect the answer.
bigmomma1021
06-27-2006, 06:43 PM
Before I answer your question, I'd like to ask what state you are in as it could affect the answer.
Berks County Pennsylvania
ElleMD
06-29-2006, 02:45 PM
Your employer has to treat you just as they would anyone else. If others are not permitted to take as many bathroom breaks as you, then they do not have to make an exception for you. While it might be nice if they were more flexible if it is affecting your work to be running to the bathroom so much, they can limit you to going on breaks.
I was thinking about this question on the way home, and there really isn't a hard and fast answer.
The only law that even starts to address it, is case law that requires an employer to allow reasonable time to go to the restroom. I have the name of the case at my office and will post it tomorrow. However, that gets into the question of what is reasonable. If it's affecting your work performance, it's not reasonable.
The Pregnancy Discrimination Act says, as Elle mentions, that you have to be treated exactly the same as if you were not pregnant. That means you can't be discriminated against, but it also means you get no special privileges.
Pregnancy is not considered a disability under the law, so they are not required to provide you with any accomodations.
There is no law that grants you the right to take as many bathroom breaks as you want, pregnant or not.
I know it is not a very satisfactory answer, but it's the best I can make available at this time.