| Lengthy Restoom Use May Need Reasonable Accommodation |
| Several clients have experienced this issue recently, so let’s take a deeper dive into it. Q. We have an employee who spends a considerable amount of time every day using the restroom. After he comes back from the restroom, he takes his 10-minute rest break. This is affecting production, and his coworkers are complaining. We want to bring this to his attention, but is this considered a disability or possibly a situation that needs reasonable accommodation? A. If the employee is not performing the essential functions of the job, you should address the performance issue. Come to your meeting prepared to discuss with his specific examples of performance problems, especially if they are measurable. Depending on the employee’s role, when he isn’t available to complete the job duties, some of his coworkers may need to complete the job responsibilities for him, which affects team and employee morale. Reasonable Accommodation Under the federal Americans with Disabilities Act (ADA) for employers with 15 or more employees, and California’s more expansive Fair Employment and Housing Act (FEHA) for employers with five or more employees, employers must provide reasonable accommodation to qualified individuals with disabilities unless they can prove undue hardship. While you are addressing the performance issue, you’ll want to give the employee the opportunity to let you know if she needs a reasonable accommodation. You can do that by asking the employee if there is additional support that the employer can provide that she needs to meet the job responsibilities. This begins the interactive process. If an employee has a disability and is requesting a reasonable accommodation, you may request a medical certification to support the reasonable accommodation. Ideally, you’ll give the employee a reasonable accommodation request form and list the essential functions of the job when you ask her for medical certification. Some disabilities, such as irritable bowel syndrome (IBS), may require an employee to use the restroom frequently. Examples of reasonable accommodation could be an assigned workspace closer to the restroom, or additional break time to use the restroom. Red Flag Tip Addressing frequent/lengthy restroom use should be handled with sensitivity, while focusing on performance. The best practice is to both address the performance concerns with the employee and provide the employee with an opportunity to notify you if there is a need for a reasonable accommodation due to a disability. For assistance with a similar issue, contact our office at (714) 799-1115. We will assist you to address the performance issue, as well as walk you through the interactive process in order to address potential accommodations. |
