Maria Rivas, a Wendy’s Restaurant employee, asked her supervisor numerous times if she could leave her station to use the facilities. She was repeatedly told no due to a management implemented policy which entailed “no bathroom breaks” during the lunch rush time frame between 11 a.m. and 2 p.m.
Rivas was on medication for diabetes, a thyroid disorder and high cholesterol. One of the common side effects of the medication is an uncontrollable bladder. Unable to hold it until 2 p.m. Rivas accidentally urinated on herself, the supervisor forced her to stay at her position until the end of her shift, despite possible health code violations.
Rivas stated: “He didn’t care and none of the other managers cared to tell me, ‘Mari, go to your house and change.”‘
Management stated that “Wendy’s policy is that no one can move from their positions unless an operation leader approves it during the three-hour lunch rush.” The manager also claimed that he was not made aware of the situation until the end of her shift.