Can my employer share the amount of bathroom time I use with my peers?

UPDATED: Jan 6, 2012

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Can my employer share the amount of bathroom time I use with my peers?

I work in a call center where everything is closely tracked, including how often I use “personal” time. “Personal” is the replacement option they have us using instead of putting in “Bathroom” time. All supervisors below the manager state the only reason to use “personal” is for bathroom usage. The manager, in an “effort to stop abuse” has started sending out emails which show how much personal time each member on each team uses to all team members. I’ve asked the manager to stop sending this out, and he has given a generic excuse about it, and continues to send it out.

Asked on January 6, 2012 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, your employer may do this. It's embarrasing and unprofessional, but the law does not make everything embarrassing and  unprofessional illegal. Since the amount of time you spend in the bathroom is actually "public" in the sense that anyone could, presumably, see you entering and leaving, there is no protectable or actionable privacy expectation in it, any more than there is a protectable expectation of privacy in terms of whether you go to the company cafeteria/lunchroom or go offsite to eat.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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