What right does my company have, in terminating me, for having an anxiety disorder that prevents me from urinating in front of another person?

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What right does my company have, in terminating me, for having an anxiety disorder that prevents me from urinating in front of another person?

I recently provided a urine sample for a **** test right at or barely above 100 F. I tried to tell them I was sick and running fever, but they wanted another sample regardless. I was OK with giving another sample (I have nothing to hide). When I was ready to provide another sample they told me “a same sex person must watch me give a sample”. I have always had a problem urinating or using the restroom in the presence of others. Still I tried and couldn’t do it, even having to urinate. I went to see a DR. about this and he said I have a common anxiety problem. I turned in what my DR said to them.

Asked on June 18, 2009 under Employment Labor Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Not sure.  If you have a history of drug addiction, and your employer requires clean tests, it may not necessarily have to accommodate you. It depends on if your diagnosis is considered a disability.  Not sure that it is.  So, at this point, consult with your state's Dept of Labor (here is the link: http://www.twc.state.tx.us/ ) and then consult with a labor lawyer at www.attorneypages.com and check his or her record at the Texas State Bar.

Understand, in most states, you have what is called at will employment.  This essentially means, absent a contract or union agreement or discriminatory reasons, your employer can fire you with or without cause.


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