There are many instances of employment discrimination based on disability in Texas and around the country. In many cases, these are violations of the Americans with Disabilities Act. But what is defined as a disability? The disorder that a Texas man is claiming might catch some people off-guard.
The man was employed as a technician at a chemical plant. As part of his job, he was subject to periodic drug screenings. In one particular incident, the man's employers told him to take an "observed" urine test -- one that would require him to urinate in front of an observer.
However, the man declined. He said he had shy bladder syndrome -- a condition that makes him unable to perform the test as requested. As an alternative, the employee says he offered other methods of testing, including using his hair or blood, but his employer didn't permit it.
A few weeks later, the man was sent for another observed test; again, he refused. As a result, he was not allowed to come back to work for a month. At that point, his employer again requested that he take the observed urine test, and again the man declined. It was at this point that he was terminated.
The man is now suing his former employer for violating, and retaliating under, the Americans with Disabilities Act. He is requesting damages for back pay as well as compensation for other factors.
It isn't clear what the outcome of the man's action will be; however, the case shows how the concept of disability discrimination can be applied in ways that many people would never think of. An experienced Texas employment law opportunity can assist people facing these circumstances.
Source: The Southeast Texas Record, "Technician files discrimination lawsuit over observed urine tests," Michelle Keahey, Oct. 30, 2013