My husband has IBS and keeps getting suspended from work for using the bathroom.....?

Question

My husband has IBS. On his good days, he only uses the restroom (#2) once or twice. Some days though he has flare ups and has to go up to 25 times in one day. He works at a beverage co. and his new shift supervisor doesn't like him. My husband has been at his job for 7 years and never had any problems but in the past month my husband has been written up and suspended twice for 5 days for using the bathroom.

He got a note from his doctor that said he has work restrictions & must be relieved use the bathroom if he's having a bad day--(the IBS hits instantly)....his boss said that he's going to be fired if he doesn't get the restrictions taken off and he'll be written up if he leaves to use the bathroom. He said to take a leave of absence if its so bad.

My question is this: are they legally allowed to do this to my husband? He has a medical condition and a note from his doctor and they said it means nothing to them. He's asked to be moved to another shift and they said no

Is irritable bowel syndrome a disability under the Americans with Disabilities Act (ADA)

IBS= irritable bowel syndrome.

Answer 1

They can't fire him for a medical condition. Whether or not it is a disability, it is discrimination. Seek legal counsel and prepare to sue them. With the appropriate medical notations, they need to let him do what he needs to do, or find another position for him with equal pay.

Answer 2

most of the answers are partially true, ADA states a "reasonable accommodation", if it puts an undue hardship on the business they can refuse to employ him, disabilities do not guarantee any job. If developed the disability after he was hired it would harder to make the accommodation. And going in with it he would have had to be up front about it, there is a place on application do you have any disability, if he did not check than he could be terminated for not being truthful. Dr.s note mean nothing it merely sates that you saw the Dr. in order to fall under the FMLA he has to disclose the condition, the prognosis and how long it will last, IBS never goes away it only gets worse, he might want to reconsider his line of work

Answer 3

Your husband has a medical condition which is covered by the ADA.

The employer has the responsibility to provide him with whats called a 'reasonable accommodation.' The employer is required to enter into a process of determining how they can accommodate his medical condition and provide him with the opportunity to work.

If they are not following the rules, they could be sued. Get some help.

Good luck.

Answer 4

He has a physical disability and is being harrassed for it. he needs to get in touch with the equal opportunity office in his city and talk to a case worker. They can be sued and he would win some damages. A lawyer in employment law could also advise him. Most wont charge for a 15 minute consultation.
If he hires the lawyer then there would be a fee, depending on how much was recovered from your husbands company.

Answer 5

Your husband is covered under the terms of the Americans with Disability Act of 1990.

The ADA states that a covered entity shall not discriminate against a qualified individual with a disability. This applies to job application procedures, hiring, advancement and discharge of employees, worker's compensation, job training, and other terms, conditions, and privileges of employment. Covered entity can refer to an employment agency, labor organization, or joint labor-management committee, and is generally an employer engaged in interstate commerce and having 15 or more workers. Discrimination, among other things, may include limiting or classifying a job applicant or employee in an adverse way, denying employment opportunities to people who truly qualify, or not making reasonable accommodations to the known physical or mental limitations of disabled employees, not advancing employees with disabilities in the business, and/or not providing needed accommodations in training.

You may need legal assistance in making this situation clear to the employer, since it's obvious that their HR department and management is not aware of same.

Answer 6

You should probably get some advice from someone qualified in employment law. The employer could be violating the ADA.

Answer 7

I want to answer this question with a question... I know how to address IBS so that he can get his life back, and it can turn into cancer and he can lose his life... He's also on the verge of having a colostomy bag that he has to empty his own fecal matter if its that serious...

So, my question is this:

Does he want to heal from this condition and have his life back? If so, message me so that I can send you info to address this, because its far beyond keeping a job, its really life and death.