Ever heard of "shy bladder"? We hadn't either.
It's a condition that makes it difficult for some people to urinate "on demand" and, in this particular case, prevented an employee from offering up a sufficient sample for a random drug test.
But the case transcends bathroom humor because it illustrates the potential ramifications of the recent amendments enacted to the Americans with Disabilities Act.
The employee here worked as a bus driver for the City of Nashville and, pursuant to Department of Transportation regulations, was subject to random drug tests. He was demoted after being unable to provide the required test and sued under the ADA.
The U.S. District Court in Tennessee recently ruled that he could proceed with his lawsuit for disability discrimination under the Act in light of the recent amendments which added a category of major life activities to the disabilities category called "major bodily functions."
This means that a condition which substantially limits a "major bodily function" may now be considered a disability under the Act.
The case is Melman v. Metropolitan Government of Nashville and Davidson County.
To read more about the decision from worldofworklawblog.com,
→
CLICK HERE.
