Thank you to everyone who reached out to us in regard to this matter. Unfortunately, attorneys working with ClassAction.org have decided to close their investigation into whether certain companies are denying their workers reasonable access to the bathroom. This means they no longer need to speak with current production line workers.
If you are being denied appropriate access to the bathroom at your job, you may want to contact an attorney in your area. Most lawyers offer free consultations.
The information below was posted when this investigation began and remains for reference only. Our open list of investigations can be seen here.
At A Glance
This Alert Affects:
Anyone who works on a production or assembly line and has been denied reasonable access to the bathroom.
What’s Going On?
Attorneys working with ClassAction.org are investigating whether class action lawsuits can be filed against companies who only allow workers to use the bathroom at certain times or under certain circumstances – and not simply when they need to.
How Could a Class Action Help?
A class action lawsuit could force an employer to change its policies to ensure workers have reasonable access to the bathroom.
Can I Be Fired for Speaking Up?
Federal law strictly prohibits employers from firing or otherwise retaliating against workers simply because they’ve taken legal action or spoken up about their rights.
If you work on a production or assembly line and you’ve been denied fair and reasonable access to the bathroom, attorneys want to hear from you.
They’re investigating whether class action lawsuits can be filed against companies who only allow workers to use the bathroom at certain times or under certain circumstances. If filed and successful, class action lawsuits could help overturn these aggressive and potentially illegal policies for all current and future employees.
It doesn’t cost anything to get in touch or to speak to someone about your rights, and employers are forbidden by law to take action against their employees for doing so.
Denying Bathroom Breaks: Is It Legal?
Under Occupational Safety and Health Administration (OSHA) standards, employers cannot unreasonably restrict bathroom access and must allow their workers to use the facilities as needed.
When an employer only permits its workers to use the bathroom during breaks or after a certain number of hours has passed, they are not only breaching OSHA regulations – they could also be violating laws prohibiting disability and sex discrimination. This is because women, including pregnant women, may need to use the facilities more often than men – and the same goes for workers with certain health conditions, such as bladder incontinence or bowel disease.
Which Industries Are Under Investigation?
Attorneys working with ClassAction.org are specifically looking to speak with workers in the following industries:
What If My Employer Says I Need Someone to Cover the Line?
When workers are on an assembly line, the company may not want to stop production every time someone needs to use the restroom. OSHA, however, requires that employers be flexible in establishing procedures that ensure workers have access to the bathroom when they need it.
For instance, those on an assembly line may use a signal system to indicate a worker needs to use the bathroom and requires coverage. If line replacements are not quickly and consistently available, however, such a system likely does not meet OSHA requirements for reasonable bathroom access.
How Could a Class Action Help?
Class action lawsuits could force companies to change their policies to ensure all current and future employees have fair and reasonable access to the bathroom.
Could I Be Fired for Speaking Up?
Federal law strictly prohibits employers from firing, demoting or otherwise retaliating against employees simply because they’ve exercised their legal rights.