Most workers are blessed with being healthy, but there are others who are not. Some people may develop medical conditions later in their lives that may directly impact their employment. These conditions often require employers to provide a reasonable accommodation so that that the employees may continue to work optimally. In some instances, a Texas employer may not take kindly to the requests and choose to retaliate by terminating the workers instead.
A man who worked for a helicopter manufacturer claims that he lost his job due to his medical condition. He asserts that he was required to undergo a random drug test and that a urine sample was required. The plaintiff was unable to produce the sample within the three hour timeframe and was suspended. Following the suspension, the man went to be evaluated, and it was discovered that he suffered from paruresis, also called shy bladder syndrome. Because this impacts a major life activity, it is covered under the Americans with Disabilities Act.
The condition allegedly did not prevent the plaintiff from doing his work, but if he was required to take drug tests in the future, an alternative would be necessary. He submitted the medical documentation to human resources who then sent the information to a medical review officer. It was discovered that a reasonable accommodation to the urine test would be to have a test conducted using hair follicles. The man took the test, and it produced a negative result.
The plaintiff claims that the company did not want to actively assist him in finding a solution and chose to fire him in retaliation for requesting a reasonable accommodation under the ADA. Texas workers who believe they lost their jobs wrongfully — due to a medical condition or otherwise — may choose to file a claim against their employers. Those who are successful in their cases may be awarded lost wages, related damages that are properly documented and that the court finds appropriate. Based upon the individual circumstances of the case, some workers may also be reinstated into their former positions.
Source: pennrecord.com, “Former aircraft factory worker says termination over shy bladder violated ADA“, Jim Boyle, Dec. 22, 2014
