I work at a customer service jobs where we answer phones in an 8 hour shift. We get 2 10 minute breaks and 1 unpaid 1/2 hour lunch each day. We were told that we must use the bathroom during these times. If we need to use the bathroom any other time we must sign off the phone under personel and use the bathroom. Recently about 90% of the people working there were verbally warned that we were taking too many minutes in personal. Can a company fire someone for using the bathroom ligitimatly? Someone contacted OSHA about this being a health violation. a clarification was posted stating that we could only sign out 2 times a day for less than 10 minutes in personel or else we will be written up. If we have some sort of medical issue or need to use the bathroom we were told to notify a supervisor. I was told that it is illegal for an employee to ask why you are calling out sick or ask what medical condition you have to use the bathroom more frequently. that this is an invasion of privacy. Is this true.

No, it is not true. An employer is allowed to have (and indeed is entitled to have) enough medical information to know what laws may apply or what accomodations are needed.

Has OSHA responded yet?

OSHA responded with a standard form asking for a reply from the company

There is case law indicating that an employer MUST give their employees sufficient time to use the restroom. I very much doubt that two ten minute breaks will be considered sufficient time when the case is settled. But in the meantime, the company IS permitted to ask about medical conditions.

I agree a person can't control when they have to use the bathroom

There is case law indicating that an employer MUST give their employees sufficient time to use the restroom. I very much doubt that two ten minute breaks will be considered sufficient time when the case is settled. But in the meantime, the company IS permitted to ask about medical conditions.

I took the OP to say they had 2 ten minute breaks, a 1/2 hour unpaid break and on top of that they could sign out twice a day for "personal" time that was less than 10 minutes.

Would that make a difference? I honestly have no experience with this issue.

I didn't read it that way but now that I look at it again I can see that it might be what the OP meant. If that is correct that *might* be sufficient, barring any special medical conditions. But I'd still rather wait for OSHA's determination.

I take it the same way as Rangeman but agree - wait for OSHA's determination.