Fifth Circuit Reverses District Court Decision, Rules UPS May be Liable for Invasion of Privacy in Bathroom Break Denial Case

The United States Court of Appeals Fifth Circuit has ruled that UPS may be liable for invasion of privacy in a case where an employee claims he was denied a bathroom break and forced to defecate at his workstation.

The decision comes after Joshua Amin filed a lawsuit against UPS, alleging negligent supervision, invasion of privacy, and intentional infliction of emotional distress (IIED) after his supervisor allegedly denied him a bathroom break and threatened to fire him if he didn’t return to work immediately.

While the district court dismissed Amin’s invasion of privacy claim, the Fifth Circuit has now ruled that the alleged facts in the case may constitute an invasion of privacy, specifically the public humiliation by exhibition of intimate personal details or actions.

The Fifth Circuit’s ruling clarifies that industry practices that deny employees adequate bathroom breaks, as in this case, may not be immune from liability. The decision is expected to have significant implications for similar cases in the future.

While the lawsuit against UPS will continue, this decision marks a significant victory for Amin and others who may have experienced similar workplace violations. UPS has yet to issue a statement on the matter.