Company toilets spark discrimination suit
March 4, 2009 by Sam NarisiPosted in: Discrimination, Harassment, In this week's e-newsletter, Latest News & Views
Employees often grumble about the conditions of their office buildings or workspaces. But here’s a case where those complaints turned into a full-fledged lawsuit.
An employee sued over the state of her company’s bathrooms.
The employer provided single-occupancy unisex facilities. The woman complained that the bathroom she had access to was frequently dirty and “sometimes occupied when she wanted to use it.”
She repeatedly made complaints and asked the company to install gender-segregated restrooms, but nothing was done by the company.
The employee filed a claim for gender bias, saying the lavatory’s condition created an uncomfortable situation for female employees.
The company argued that her complaint wasn’t severe enough to create an adverse employment action or a hostile work environment. Moreover, men were just as affected as women by the bathroom situation.
Who won?
The court agreed with the employer and flushed the case.
Cite: Dauer v. Verizon Communications, Inc.
Tags: gender bias, restrooms
March 11th, 2009 at 1:01 pm
My next move would be to flush the whining employee at first chance. Then she could use her home’s bathroom all she wanted.
March 11th, 2009 at 1:10 pm
I don’t think this should have gone to court. But I also think that employers should provide gender specific restrooms when possible.
March 11th, 2009 at 1:12 pm
I agree with Larry. This employee sounds like some that I have dealt with in the past. If she will bring suit against the company for something as foolish as “toilet rights”, I am sure that she has already begun her search for her next potential money maker.
March 11th, 2009 at 1:52 pm
Some employees expect a lot out of their employers. I once had an employee come in to my office and tell me that it was a “law” that employers provide couches in the ladies restrooms. Of course maybe it is a law in some state…
March 11th, 2009 at 2:00 pm
I would hope that Stewart and Larry do not work in Human Resources with their attitudes. Everyone deserves respect for their preferances. I would not like sharing a bathroom with men everyday who are not family members and I don’t belive I am whinning about it.
There is nothing wrong in asking for gender specific bathrooms but I would not take it to court. I would however take Larry and Stewart to court if they replied to me as they have here.
March 11th, 2009 at 2:57 pm
I disagree; one of the worst things in the world is dirty restroom. I have often walked out of a dirty restroom at work, and found one in better conditions. It’s one thing if her company could not provide gender specific restrooms. It’s another thing if they can’t even provide a clean restroom. We all should expect a clean restroom from our employer, that’s not too much to ask.
March 11th, 2009 at 3:10 pm
I work in HR, and I agree with Stewart and Larry!! I run into employees like this all the time, they make unreasonable requests of us and get upset when we don’t accomodate them. Since we don’t have all the information on this case, we cannot know if it would cause an unreasonable hardship on the company by specifically assigning bathrooms to each gender. Also, I could foresee a new complaint coming from this same employee, because the newly assigned women’s restroon is too far away from her office, which now causes her have to walk farther to use the facilities. This case never should have gone to court, it is ridiculous.
March 11th, 2009 at 3:13 pm
Rose – I’ve been in HR for over 20 years up to the VP level. I’m also a lawyer. These cases seen on this site offer so little info regarding specifics and some are actually comical. The particular case being discussed here probably consists of a storefront office (like many phone company branches) and they have only one restroom. If the lady doesn’t like the restroom facilities – provided they are reasonably clean – she can quit. If there are other issues, they need to be addressed with management. And Rosey, you’d lose if you took me to court – what would the basis for your action be? What remedies would you be seeking under which law? And I’d defend Stewart as well with enthusiasm against your misplaced suit.
March 11th, 2009 at 3:20 pm
Larry–Wow, I’m an attorney too, but you are a particularly bitter and venomous one. Rosemarie makes a good point–there is nothing “human” about your attitude.
March 11th, 2009 at 3:33 pm
Jill – I’m just a pragmatic, unemotional, deal with the facts type. Attitude and being “human” have very little to do with the facts presented here. Also, the suit was dismissed, so the lady in question didn’t prevail. I do however, get “venomous” when challenged by idiots and people who can’t reason beyond their noses, and I believe Jill, yours is out of joint.
March 11th, 2009 at 3:57 pm
Larry–spoken like a true lawyer who couldn’t hack the legal department so he went to HR…
March 12th, 2009 at 8:41 am
I travel for my company all over the world and have run in to unisex bathrooms. I would like to know how many people work at this site, number of men and woman.
March 12th, 2009 at 4:05 pm
Ah, peers…I had more fun and education following the replies than the article itself. Viva la liberty of speech…
March 12th, 2009 at 5:26 pm
My company does not have gender specific restrooms & I love it. They are always clean also. As a woman it is frustrating that there never is a line for men, but a huge line for womens. I love going places where they don’t have stalls, but a restroom for one person.
March 17th, 2009 at 3:47 pm
I agree with Michelle. I would also prefer to work at a place with no gender specific restrooms, but for the opposite reason. Yes, there’s often little/no wait for men’s restrooms, but they are often disgusting too. I don’t want to generalize and demean men, but in places with one, gender-neutral restroom (instead of separated restrooms), often it seems men take a little more care to keep things cleaner.
April 9th, 2009 at 2:04 pm
We have gender specific restrooms but we have a janitor that is just awful! The restrooms look worst after he leaves them! Maybe I should send him over to her!
people are funny, even requesting certain toilet paper because it hurts their backside!!!!!!!!