Employment Law

Magna Subsidiary Faces Ontario Human Rights Complaint Over Bathroom Break Penalties

A headshot of Toronto employment lawyer Lior Samfiru next to the logos for Samfiru Tumarkin LLP and radio station 640 Toronto.

A long-time employee of an Ontario manufacturing company has filed a human rights complaint, claiming she was penalized and humiliated for taking medically necessary bathroom breaks.

The case, involving Presstran Industries—a subsidiary of Magna International in St. Thomas, Ontario—highlights the serious legal risks employers face when they fail to properly accommodate disabilities in the workplace.


Employee Says She Was Docked Pay for Restroom Breaks

Laurie Bates has worked for Presstran for nearly 30 years in various roles. In 2015, she was reassigned to the assembly line. That’s when issues began.

Diagnosed with Irritable Bowel Syndrome (IBS) more than 15 years ago, Bates requires frequent and sometimes urgent washroom access—up to six times per day. While she says her condition never affected her job performance, her new role brought increased scrutiny from supervisors.

“I came out of the washroom and a team leader was standing outside the washroom door wondering where I was,” Bates told reporters.

Presstran reportedly responded by:

  • Installing a timed washroom system
  • Requiring Bates to press a button to start a break timer
  • Requiring her to alert supervisors each time she left her station

She alleges the company also docked her pay, costing her roughly $40 per week over a 57-week period.


Media Coverage

December 14, 2017 — The segment on 640 Toronto outlined the details of the complaint: Bates was required to trigger a screen showing her workstation number every time she went to the washroom, and lost $600 in wages over the span of a year. She says this led to embarrassment and mockery on the plant floor.

“There’s no reason to dock her pay or broadcast her condition to the entire floor — especially when it’s a known medical issue,” said Jon Pinkus, employment lawyer and partner at Samfiru Tumarkin LLP.

He said that for a company as large as Magna International, claims of undue hardship would be very difficult to justify under Ontario’s human rights laws.

December 14, 2017 — In a segment on 980 CFPL, Pinkus reinforced that bathroom breaks tied to medical needs fall squarely within Ontario’s duty to accommodate under the Human Rights Code.

Bates alleges she was targeted, humiliated, and penalized, despite the company acknowledging her condition in its response to the complaint.

“An employer must accommodate medical needs — and that includes respecting privacy,” said Pinkus.

Pinkus added that if the allegations are accurate, the legal exposure for the employer is serious, and a full hearing may be unlikely given the potential reputational risk.


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