Legal Question in Employment Law in California

I work for a pharmacy vitamin shop. We have two public restrooms that are used by many people who are ill. Our company dictated last month that we are now being required to clean the rest rooms. We do not have proper cleaning supplies, we have no training for blood borne pathegins. Is this legal to have our health put in jeopardy due to operational budget cuts? What happens if I get sick due to the fact that I am required to clean a toilet and mop bathroom floors? No mention of this was made at hire. The male pharmacist is not being made to clean the bathrooms, but the female store manager is being made to clean the bathrooms. All other staff that are being required to clean the bathroom are female.


Asked on 8/22/09, 12:55 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Sounds like there may be a basis for gender discrimination if only female employees are required to clean the bathrooms. Some outdated assumptions need to be corrected here.

It is not clear whether there is a legitimate concern for health and safety issues, but certainly the employer should provide a minimum amount of training and provide sufficient protection, if this has become a function of the job. You can contact Cal OSHA for some information or to make an anonymous complaint, about your concerns.

You should consult with an experienced employment law attorney in your area, to discuss the best way to address these concerns.

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Answered on 8/22/09, 2:46 pm


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