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June 5 2015

"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."