Technician files discrimination lawsuit over observed urine tests

By Michelle Keahey, East Texas Bureau | Oct 30, 2013

A technician has filed a discrimination lawsuit against his employer claiming that his rights were violated when they attempted to force him to take observed urine tests.

Thomas M. Wilson filed suit against the Goodyear Tire & Rubber Co. on Oct. 28 in the Eastern District of Texas, Beaumont Division. 

Wilson began working for the defendant in 2010 as a technician at the chemical plant in Beaumont.

According to the suit, on Dec. 19, 2012, Wilson was told to take an “observed” urine test. Wilson told the defendant that he could not urinate in front of people, as he suffered from “shy bladder syndrome.”

Wilson claims he offered to be catheterized and provide hair and blood samples, but the defendant did not allow it.  Wilson was sent for a second observed urine test on Jan. 3.  He was not allowed to come back to work until Feb. 4, and alleges he was terminated for not taking a third observed urine test.

The defendant is accused of violating the American with Disabilities Act and retaliation under the American with Disabilities Act.

The plaintiff is seeking an award of damages for back pay, front pay, emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, exemplary damages, attorney’s fees and court costs.

Wilson is represented by Kenneth W. Lewis and Stephen L. Townsend of Bush Lewis PLLC in Beaumont.

U.S. District Judge Ron Clark is assigned to the case.

Case No. 1:13-cv-00642

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