EllisDTripp
05-26-2004, 04:48 PM
Man, Unable to Urinate, Gets Fired & Sues
Monday, May 24, 2004
A Georgia man is suing Caterpillar, Inc. for discrimination after his inability to urinate got him fired.
Assembly line worker Tom Smith, 55, drank 40 ounces of water and had three hours to produce a specimen for a drug test but failed to do so. He was suspended a day later and dismissed the next month.
Smith says he suffers from paruresis, an embarassing condition better known as "shy bladder" and marked by an inability to urinate on demand or among others. He is suing under the Americans With Disabilities Act, claiming his rights were violated.
According to the lawsuit, Smith was later able to produce a sample during a medical exam paid for by Caterpillar, but the company did not accept it because it wasn't from the specified three-hour period. Smith also says he paid for and passed an independent drug test of his hair.
Employers conduct about 45 million drug tests a year. Steven Soifer, Ph.D., head of the International Paruresis Association, says his organization doesn't take a position on the validity or necessity of drug testing. But he says employers need to abandon urine testing or provide alternatives to avoid risking lawsuits such as Smith's.
"If they're going to be doing [drug testing], the regulations certainly need to be revamped and made more humane for people who suffer from paruresis and other disorders," Soifer said. "You have a limited problem and you're using draconian measures to address it, which is ridiculous."
Judy Appel, Drug Policy Alliance Acting Director of Legal Affairs, says the Smith case is another example of why suspicionless drug testing, which costs employers millions of dollars a year and doesn't deter drug use, is an affront to employee privacy.
http://www.drugpolicy.org/news/05_24_04paruresis.cfm
Monday, May 24, 2004
A Georgia man is suing Caterpillar, Inc. for discrimination after his inability to urinate got him fired.
Assembly line worker Tom Smith, 55, drank 40 ounces of water and had three hours to produce a specimen for a drug test but failed to do so. He was suspended a day later and dismissed the next month.
Smith says he suffers from paruresis, an embarassing condition better known as "shy bladder" and marked by an inability to urinate on demand or among others. He is suing under the Americans With Disabilities Act, claiming his rights were violated.
According to the lawsuit, Smith was later able to produce a sample during a medical exam paid for by Caterpillar, but the company did not accept it because it wasn't from the specified three-hour period. Smith also says he paid for and passed an independent drug test of his hair.
Employers conduct about 45 million drug tests a year. Steven Soifer, Ph.D., head of the International Paruresis Association, says his organization doesn't take a position on the validity or necessity of drug testing. But he says employers need to abandon urine testing or provide alternatives to avoid risking lawsuits such as Smith's.
"If they're going to be doing [drug testing], the regulations certainly need to be revamped and made more humane for people who suffer from paruresis and other disorders," Soifer said. "You have a limited problem and you're using draconian measures to address it, which is ridiculous."
Judy Appel, Drug Policy Alliance Acting Director of Legal Affairs, says the Smith case is another example of why suspicionless drug testing, which costs employers millions of dollars a year and doesn't deter drug use, is an affront to employee privacy.
http://www.drugpolicy.org/news/05_24_04paruresis.cfm