Legal Question in Employment Law in Pennsylvania
Employer Actions
My wife is currently on meds for infertility that cause unpredictable and sometimes uncontrollable need to use the restroom. The specialist faxed documentation to our company stating that this is indeed a common side effect of the medication. The company's response was to tell her that if she needed to use the restroom more than she is allowed that she has to go unpaid or make up the time at the end of her shift. Is this allowed by law?
1 Answer from Attorneys
Re: Employer Actions
If the employer has more than 15 employees, it will be required to perform an Americans with Disabilities Act analysis.
If you wife's condition is a permanent medical phenomenon, then she should be protected against discrimination. Because child-bearing often is considered to discontinue with regard to, "women of a certain age" it may not be onsidered permanent by a Court unless the incontinence continues even after the infertility medication is stopped.
Close case. I don't know of any cases on point. It may be difficult to have a lawyer take your better half's case on a contingent fee since most lawyers like readily-pigeonholed cases.
Exhaust your remedies with the EEOC by filing a Complaint. Allege ADA and Title VII, as reproduction is a major life activity under the former and gender and pregnancy are protected under the latter.
Good Luck.
TV
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