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Limit to bathroom breaks

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Kmfier

Junior Member
What is the name of your state (only U.S. law)? New York

I work for UPS overnight and I usually work 11PM-4AM and recently I was told that they don't want me to go to the bathroom after 3 or they're going to have to call my shop steward. This was directed at me, not the general employees. Every night I try to stay on the same schedule, because my job is a lot of physical labor and I need to stay hydrated. I go when I get there (because it's a 30 minute drive), I go around 1AM, and I also go on my break. Sometimes I go 3/4AM depending if I have to go or not. When I get there and during my break is on my own time (right?), so I'm only going around 2 times a night.

Here's my question:

1. Is it legal for my boss (he runs the entire warehouse, not my direct supervisor) to tell me that I can't use the bathroom after a certain time or a certain amount of times?

2. I have Crohn's disease but he doesn't know that, which sometimes I need to use the bathroom more than others. I'm pretty sure that isn't legal. Can I sue them if they try to restrict me?
 


eerelations

Senior Member
If you have a disability that is covered by the ADA and which requires accommodation, you need to tell your employer that:

1. you have a disability that's covered by the ADA; and
2. you require accommodation for said ADA-covered disability.

If you don't do both of the above then your employer is not legally required to accommodate you - which means that you won't get anywhere with a lawsuit.
 

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