No bathroom at work, is that legal?

I work over night security at a car
dealership. They used to have a
portapotty but took it away. There is
no facilities to use on the property.
Is this legal? I figured this would
violate proper working conditions.

Asked on May 10, 2016 under Employment Labor Law, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, there is no law that mandates having a bathroom on work premises. The fact is that an employer can set the conditions of the workplace much as it sees fit. That is unless such treatment constitutes some form of legally actionable discrimination or violates company policy or the terms of a union agreement or employment contract (none of which you indicated to be the case in your situation).

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Actually, it is legal: there is no actual law requiring that an employer provide or have a bathroom. Obviously, there are many reasons why this is   bad idea (do you want employees having to go offsite to use someone else's bathroom? do want to treat employees badly and damage morale? etc.), but it is legal--they don't have to provide a bathroom.

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