If I’m a female and my boss is a male, is he allowed to use the restroom with the door open?

UPDATED: Jul 28, 2016

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If I’m a female and my boss is a male, is he allowed to use the restroom with the door open?

I can hear when he is in there so I do not leave my desk until I know he is out of there. Its not a

bathroom with stalls, it’s just 1 bathroom between our offices.

Asked on July 28, 2016 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The law doesn't specifically require does to be closed on bathroom. He can't sexually harass you, so if it's done with that purpose (and you believe you could prove or show that's the purpose), you may have a sexual harassment claim. But he allowed to simply be "gross" and inconsiderate--the law doesn't prevent that.

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