What does an employer have to provide for a female worker in an all male workplace? Toilet facilities etc...?

Question

Theres only men work at my workplace (building retail), theres 8 of us working a rota.
I'm Assistant Manager, ive only worked there 6 months, The Manager has just taken on a woman and left me to deal with it as hes on holiday when she is due to start.
Dont get me wrong, i'm more than happy to work with a woman but i am a little concerned as the job entails a lot of heavy lifting and physical work and though i have never seen this woman i'm told shes about 5ft tall and frail looking. Also we only have one toilet with two cubicles.
Whats the law situation with that? must women have their own separate toilet facilities or can she share our cubicles or have one for herself?
Im just confused by it all and cant understand why its been left to me, i feel in a no-win situation, i dont want to seem sexist by making allowances for her, but at the same time i was brought up with old fashioned values, i open doors and give my seat up for ladies, it will be hard to ask her to shift bricks.

Answer 1

I think 'equality' is the key word.

apart from a women' WC & a men's one, she should be fine with the rest of the gang.

Answer 2

As to the toilet facilities, put a lock on the outside door to give some privacy (both to her and to the guys). Separate facilities aren't required.

Other than that, the key is whether she can do the job, including the lifting and other physical work. If she can't, then she should either quit or be terminated. If she can, then the fact that she's a small, frail looking woman doesn't matter. If part of the job is to shift bricks, and if she were a guy in the same job he'd be told to do it, then same goes for her.

Answer 3

If she's applied for a physical job, you should assume she is capable of doing a physical job.
I'm not very tall either, but I am pretty strong and do heavy lifting all the time at work and, to be honest, I find it very insulting on the rare occasions a man offers to help or otherwise suggests I'm not physically capable.

I also believe there is no legal requirement as to toilet facilities, as several small establishments that I've seen have only one staff toilet. However, you should probably check this with someone who knows for a fact, just to be safe. Is there a company lawyer you could ask?

Just treat her the same as every other staff member.
Really, there's nothing to worry about here. Don't get stressed over it, you'll be fine.

Answer 4

Health & Safety law says that wherever possible you should have separate toilet facilities for men and women. If this isn't possible, then the room the toilets are in should be lockable by employees, so that the different genders can ensure privacy (i.e. it's not enough just to have lockable cubicles). If you do intend to have shared facilities, then all staff should be informed that they must lock the door to the room on entering - it isn't just the female employee who should be asked to do this (otherwise she may end up walking in on male staff using the toilets).

Also, by law, you MUST provide facilities for the disposal of sanitary items. There are a number of professional companies who can supply and service sanitary bins so that you don't have to worry about this. Remember sanitary items should never be flushed down the toilet, so this is not an accetable solution, and you may end up blocking your drains.

You mustn't treat her any differently at work, with regard to duties you ask her to do, as this may make your male employees feel aggrieved. If she is unable to lift something alone, then she should ask someone to help her. This is something that anyone, male or female, should do if they are trying to lift a heavy load.

Answer 5

You can expect her to do the job she was taken on for without any extra help, unless the men are getting it.
You could get a ladies and gents sign, one for each cubicle, so she would have to share the room, but not the toilet.
When I was the only woman in an all male place, they would all just wait for me if i had to go to the loo, so I could have some privacy.
If the lifting is that heavy should anyone be doing it without a fork lift, or whatever?
Oh I just thought. If shes of 'childbearing age' you should get a sanitary bin in her cubicle. Nothing worse than not having one when you need it.

Answer 6

Insofar as the work I am sure she was told what it would entail and I am sure it would meet what is called "Bona Fide Occupational Qualification" (BFOQ.) The definition is as follows from a legal perspective:

A BFOQ is a legal exception to an otherwise discriminatory hiring practice that is "reasonably necessary to the normal operation of a particular business." The BFOQ may be requested if "the essence of the business operation would be undermined if the business eliminated its discriminatory policy." Note that allowing a company to hire employees based on their religion, gender, or national origin where those factors are reasonably necessary to the normal operation of that particular business or enterprise does not permit religion-based, gender-based or national origin-based differences in pay to those holding the same job. With a BFOQ the burden of proof always lies with the employer.

Three principles to keep in mind if an employer is requesting a BFOQ.

Essence:

Applies only to qualifications that affect employee's ability to perform job

Romantic paternalism not allowed (for example denies women jobs that are dirty, dangerous, strenuous, but higher paying).

Cannot argue BFOQ for customer preference.

All or substantially all persons of class cannot perform essential duties job duties.

Third party risk (e.g. Pregnant workers judged individually, not as class).

In short, based on what you wrote you are legally covered since it is obvious this is part of the work. HOWEVER, you CANNOT expect her to share the same bathroom facilities as her male co-workers. You are opening up a very ugly can of legal worms. In particular a nice little sexual harassment suit. In short, she needs to be accomodated with her own facilities. It sounds as if this bathroom has two cubicles and anyone can walk in at any given time without knowing she is in there. You can actually make a sign or an inside lock which should offer you the minimalist of coverage to show you did everything in your power to ensure her privacy. When she enters the restroom she can hang this sign on the door and then remove it when she is finished. I can tell you this will certainly hurt employee morale. Your guys will become frustrated. Not sure what your boss was thinking when he hired her without thinking this through first and then making the required accomodations.

Answer 7

No, a male officer can search a female prisoner. And a female officer can search a male prisoner (though it's odd that nobody ever asks THAT question). You already have the reason why this is so; what is a male officer supposed to do if a female officer isn't available? Just hope the female prisoner is friendly enough not to harm him?

Answer 8

toilet facilities should be made avalible and changing facilities if needed but your best bet is to ask her what she expects from the company as regards toilet and changing facilities then you can say points noted and will be acted upon as soon as manager gets back from hols if thats not ok then change the two cubicles to male and female hope this helps

Answer 9

I believe they need wider parking spaces and someone to open doors for them