What is HR to do when a job applicant or worker claims to have shy bladder syndrome and refuses to urinate in a cup as part of a drug test? Consider testing the worker’s hair or saliva instead, according to new informal advice from the U.S. Equal Employment Opportunity Commission.
Shy bladder syndrome, also known as paruresis, is the inability to urinate in public restrooms or in close proximity to other people, or the fear of being unable to do so. This condition may be a disability that requires accommodation, the EEOC warned in a recent discussion letter.
The ADA requires employers to consider disabilities on a case-by-case basis. Thus the EEOC stopped short of making a blanket recommendation. Bladder functions are, however, considered a major life activity under the ADA.
Accommodations could include being permitted to take a hair, saliva or patch test instead of a urine test, according to the EEOC.
The letter, written by Peggy R. Mastroianni, legal counsel for the EEOC, is not an official commission opinion.
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