Legal Question in Disability Law in Virginia
employer harrassment/discrimination for medical condition for IBS
Can my employer(my boss) make unkind suggestive remarks relating my medical condition on a continuios basis? And also can my employer restrict the use of bathroom privaliges based on my specific condition? Example: of an email recently sent to members of my group. ''no one can use the bathroom for bowel movements anymore, you can use it for urinating and washing your hands'' This is a ''shared'' bathroom. Originally used for ladies only howeve, because it is in close proximity of our work area the men have been using for six months, as long as we have been there. The mens bathroom has one toilet is way at the other end of the building and shared by about 20 men. Needless to say it is not available most of the time. He is aware of my condition and I beleive he is heckling me intentionally. What can I do? This does not seem appropriate behavior for a manager.
Regards-Employee with irritable bowel syndrome.
2 Answers from Attorneys
Re: employer harrassment/discrimination for medical condition for IBS
In my opinion, the employer's conduct is outrageous. In other words, take your lawsuit, throw it against the wall, and see if it sticks.
Re: employer harrassment/discrimination for medical condition for IBS
I certainly agree with your assertion that "this does not seem appropriate behaviour for a manager"(to say the least), but, unfortunately, I don't see any ready legal theory on which to base a lawsuit. It's unlikely that irritable bowel syndrome would qualify as an impediment in one of your life's major activities, e.g., eating, sleeping, walking, etc., and, therefore, an action under the ADA(Americans with Disabilities Act)would not appear feasible.
Defamation as another possible theory comes to mind but it's awfully hard to prove in the Commonwealth of Virginia which would likely be the situation under the facts of your case.
A complaint under federal OSHA(Occupational Safety Hazard Act)would likely go nowhere and probably precipitate your termination. Also, I know of no particular rules regarding the location and/or use of employee bathrooms that are currently enforced by the Virginia Department of Labor and Industry(VDLI)and which would be applicable to your situation.
If your boss has a boss, it might be worth bringing this situation to his or her attention.
However, if this continues to be a problem for you, a change of employment may ultimately be the only realistic answer.
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