In a recently filed California employment law case, a female firefighter sued her employer for retaliation, claiming that she was reprimanded for complaining about inadequate bathroom facilities. The firefighter, who was the only woman at her fire station, made a complaint about the restrooms, and then claims that she was singled out for a variety of reasons, including medical fitness and uniforms in despair.

According to the firefighter's employment lawsuit, she believes that these reprimands were made because of her complaints about the bathroom. She also claims that her superiors are trying to find a reason to fire her so they can avoid fixing the facilities.

The employers in this situation face a tricky case. On one hand, they may have a completely legitimate reason for disciplining this employee that has little, if anything, to do with her gender. Proving this will be a difficult task, however. To the jury, it may easily appear to be a case of gender discrimination, primarily because the firefighter was the only woman at her place of employment.

Employers who may face similar situations should carefully document every action taken, both by employers and employees, in their workplaces. This can help them build a good defense against potentially unfair accusations. In addition, they should also ensure that they have good reasons for requesting documents and action from employees, because this may appear to a jury to be evidence of gender discrimination if a case should ever go to trial.

It seems simple, but it bears saying: one way to avoid such employment lawsuits is to provide adequate facilities for all employees.

Source: Contra Costa Times, "Daly City's only woman firefighter sues over retaliation for complaining about bathroom," Joshua Melvin, 27 June 2011