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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 35334
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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I work construction company. We call the "Yard" to our

Customer Question

I work for a construction company. We call the "Yard" to our office. It's a big open space where we park all of our trucks and our equipment. Our employer provides unisex portable bathrooms for us to use. There are regular bathrooms inside the main building and we are told not to have acces to those bathrooms since it is only for the office people not for us, the TCS's (Traffic Control Supervisors) The main building has a lock key pad and certain people have the code/key. When I started working for this company i thought it was odd, it felt wired, but I didn't say anything because I was new to the company and i thought back then that the fact of us getting all duty and sweaty from working outside made us different from the office employees. Sometimes when someone comes out of the main building we can catch the door open and go inside to use the restrooms. With that said, my boss has sent my department (traffic control) an email demanding us not to use the bathrooms inside. Quote "Traffic Control Supervisors need to stay out of the office building. Only exception is for the female TCS's to utilize the restrooms.
I found that email discriminative against men, and I doesn't feel right!
I need some advice since I love my job.
Thank you
Submitted: 8 months ago.
Category: Legal
Expert:  LawTalk replied 8 months ago.

Good afternoon Raul,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

What you describe does in fact constitute illegal discrimination under CA law.

I've been a licensed attorney for more than 3 decades, and for two of those decades, I have handled employment discrimination law and litigated cases against employers.

Federal law prohibits harassment and discrimination in the workplace and if it does occur, you do have a legal remedy.

Workplace harassment/discrimination is any unwelcome or unwanted conduct that denigrates or shows hostility or an aversion toward another person on the basis of any characteristic protected by law, which includes an individual's race,color, gender, ethnic or national origin, age, religion, disability, marital status, sexual orientation, gender identity, or other personal characteristic protected by law. A conduct is considered unwelcome if the employee did not solicit, instigate or provoke it, and the employee regards ***** ***** as undesirable or offensive.

You have every right to file a sex discrimination complaint with the EEOC (Equal Employment Opportunity Commission). If your company has 15 or more employees, they are prohibited from discriminating against you. To file a complaint with the EEOC, contact the nearest Equal Employment Opportunity Commission field office. To be automatically connected with the nearest office, call(###) ###-#### ***** website: www.eeoc.gov

Federal law specifically prohibits discrimination, based upon the Ethnicity, Color, Religion, National Origin, Age, Sex or Disability of an individual, with regard to hiring,promotion and firing.

After you file the complaint,your employer will be prohibited from any retaliatory action against you. The EEOC will investigate your claim, and 180 days after the filing of the complaint you may ask for a "right to sue letter". The EEOC will issue you the letter which gives you the right to institute a private civil action against your employer and seek monetary damages.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 8 months ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you? In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

If I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug