Failure to Disclose “Shy Bladder Syndrome” to Employer Defeats ADA Claims Over Firing for Refusal to Drug Test
A retail employee in line for a store general manager’s position lost not only the promotion, but his job, as well, when he failed or refused to take a test because he could not provide a urine specimen as a result of “shy bladder syndrome.” The syndrome, or paruresis, makes it difficult for the individual to urinate in public restrooms. A federal district court in Ohio rejected the discharged employee’s ADA claim and granted summary judgment for the employer, concluding that even if the employee’s condition was protected by the ADA, he had not shown that he had ever made the Company aware of it prior to his dismissal, or had asked for an accommodation.
W. Barry Nixon is the COO, PreemploymentDirectory.com the leading background screening information portal and online worldwide directory of professional background screening firms and Suppliers to the background screening industry. He co-authored the landmark book, Background Screening & Investigations: Managing Hiring Risk from the HR and Security Perspective. He also is the publisher of award winning newsletters, The Background Buzz and The Global Background Screener, and the author of the Background Checks column in PI Magazine.
In addition, Barry is a past recipient of the elite ‘Top 25 Influential People in Security’ by Security Magazine and past Co-Chair, International Committee for the National Association for Professional Background Screeners (NAPBS). He currently serves as a Global Ambassador for NAPBS.
You can contact Barry at 1-949-770-5264 or online at wbnixon@preemploymentdirectory.com