Legal Question in Employment Law in California

Is it ok for a women to be in the mens restroom? I work at resturant and We have to check the restrooms to make sure their clean; I feel uncomfortable going into the mens restroom, I've walked in on five men using the urinal. I've had a verbal warning, then written up, then sent home; all in the same day. All dealing with the same incedent. My next two days at work I checked the mens restroom; to not further be in trouble. Today, on my day off, I was called and told I was now suspended. So I geuss I have two questions. Is it legal to make me enter the mens restroom even though we don't block the entrance and men are usually going to the restroom when I walk in. And, is it legal to be introuble four times over the same one incedent?


Asked on 8/03/10, 6:15 pm

1 Answer from Attorneys

Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

Your Question: Is it legal to make me enter the mens restroom even though we don't block the entrance and men are usually going to the restroom when I walk in.

Answer: No. The circumstances create a "hostile work environment." You are entitled to demand that your employer change its policy. You may also be able to recover monetary damages for your trouble, and, if you quit or are fired, you can obtain damages for wrongful termination. See a lawyer about your case. You have a very legitimate complaint.

Question: And, is it legal to be introuble four times over the same one incedent?

Answer: Probably. An employer can, generally, make up policies for recording problems with employees. If the only action your employer took that made you "in trouble" was to make a written report, it is likely that the employer was within legal limits.

As for your claim, be sure to check with an attorney. You have a good case. If you need to ask any further questions, you can reach me at [email protected] or 818-343-0600.

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Answered on 8/10/10, 4:28 pm


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