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(Des Moines Register)   Woman sues over a drug test because: A) She says it's an invasion of her privacy B) She claims the results were a false positive C) She can't pee because of a shy bladder and that violates the Americans with Disabilities Act   (desmoinesregister.com) divider line 155
    More: Unlikely, Tom Foley, Americans with Disabilities Act  
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4423 clicks; posted to Main » on 27 Apr 2013 at 6:04 PM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-04-27 01:04:20 PM
If I were HR, I'd say "That's fine. We'll do a hair follicle test instead. That actually goes back much farther and doesn't violate your biatch bladder issues."

Hair follicle test may be more expensive, but if she wanted to bring a lawsuit because she doesn't want to pee in a cup, I'd be willing to pay for that instead.
 
2013-04-27 01:15:49 PM
What part of accommodation do people not understand? It's not that hard. Seriously.
 
2013-04-27 01:28:24 PM
I'll bet she takes three restroom breaks every hour too.
 
2013-04-27 04:12:01 PM
My doctor prescribed a course of antibiotics for my flu so I googled it to find out what it did. Far far down the list of side effects it said "Will test positive for cocaine in urine tests".  Good job no employers do drug tests here, apart from maybe a few exceptions.
 
2013-04-27 04:54:58 PM

Flint Ironstag: My doctor prescribed a course of antibiotics for my flu


Your doctor is an idiot.
 
2013-04-27 04:55:35 PM
While in the Navy, I was on staff at a major training command  that was just mad about urinalysis. I watched more dudes pee and/or try to pee in those two years than any man should.  Some of them tried to pull this "I'm nervous" card then, which didn't help.  Yeah, buddy, you're going to drive a nuclear submarine for a living but can't handle a wiz quiz?  Puh-lease.

scottydoesntknow: If I were HR, I'd say "That's fine. We'll do a hair follicle test instead. That actually goes back much farther and doesn't violate your biatch bladder issues."

Hair follicle test may be more expensive, but if she wanted to bring a lawsuit because she doesn't want to pee in a cup, I'd be willing to pay for that instead.


exactly.
 
2013-04-27 04:58:11 PM

scottydoesntknow: If I were HR, I'd say "That's fine. We'll do a hair follicle test instead. That actually goes back much farther and doesn't violate your biatch bladder issues."

Hair follicle test may be more expensive, but if she wanted to bring a lawsuit because she doesn't want to pee in a cup, I'd be willing to pay for that instead.


This, but she'd probably claim she had done the drugs whatever the max amount of time ago is, and the test is therefore unfair because it punishes her for drug use that other employees weren't punished for.
Blood test?  Jehova's witness.
 
2013-04-27 05:04:24 PM

reported: Flint Ironstag: My doctor prescribed a course of antibiotics for my flu

Your doctor is an idiot.


It's actually a chest infection on top of flu/cold symptoms. I'm not the doctor, I'm just the one coughing all the time....
 
2013-04-27 05:06:59 PM

scottydoesntknow: If I were HR, I'd say "That's fine. We'll do a hair follicle test instead. That actually goes back much farther and doesn't violate your biatch bladder issues."

Hair follicle test may be more expensive, but if she wanted to bring a lawsuit because she doesn't want to pee in a cup, I'd be willing to pay for that instead.


blood test works too
farker
 
2013-04-27 05:11:18 PM
The employer urine tests for drugs needs to be banned unless there's a public safety factor in the job.
 
2013-04-27 06:03:47 PM
The employer urine tests for drugs needs to be banned unless there's a public safety factor in the job.

Well since you have co-workers there is a public safety factor, drug users are 3.5 times morel likely to injure themselves or others on the job!
 
2013-04-27 06:04:06 PM

dr_blasto: The employer urine tests for drugs needs to be banned unless there's a public safety factor in the job.


I'm right there with you. Hate random drug tests. All they do is screw over people who work hard, but might take a toke or two when they get home at night.

BUT I hate people who try to abuse disabilities for their benefit even more (like all those biatches claiming their chihuahua is a service dog). I'd rather see her get fired because she couldn't pass a drug test than be exempt because of her "disability".
 
2013-04-27 06:07:17 PM

dr_blasto: The employer urine tests for drugs needs to be banned unless there's a public safety factor in the job.


What counts as public safety.  What if you're say, an investment banker who could screw up and tank everybody's 401k.  Sure, it's not as bad as accidentally demolishing a bridge, but still pretty bad.
Or, what if the guy at McDonalds contaminates your food and poisons you?
 
2013-04-27 06:08:10 PM

Azlefty: The employer urine tests for drugs needs to be banned unless there's a public safety factor in the job.

Well since you have co-workers there is a public safety factor, drug users are 3.5 times morel likely to injure themselves or others on the job!


Today no one tests for intoxication, just tests if you got high in the last few weeks. That's none of their business and if you go for a couple bong hits Friday night, I don't think you more of a risk than anyone else.

Drunks are everywhere, why give the Friday drunk a pass? What about the guy doing a couple of rails of coke? Neither would fail a test on Monday.
 
2013-04-27 06:08:51 PM
I still think it's barbaric that potential employers are allowed to demand a drug test with absolutely no indication you abuse drugs.
 
2013-04-27 06:09:25 PM
Well there you go. I never realized women suffered from shy bladder.

/hates the trough
 
2013-04-27 06:12:48 PM

serial_crusher: dr_blasto: The employer urine tests for drugs needs to be banned unless there's a public safety factor in the job.

What counts as public safety.  What if you're say, an investment banker who could screw up and tank everybody's 401k.  Sure, it's not as bad as accidentally demolishing a bridge, but still pretty bad.
Or, what if the guy at McDonalds contaminates your food and poisons you?


Heavy machinery. The rest of the argument is pretty fallacious.
 
2013-04-27 06:12:56 PM

RoyBatty: /hates the trough


Ugh, the man trough.  Whether you have shy bladder or not, there's just something unsavoury about simultaneously peeing into the same vessel as other men.  We're not cattle for fark's sake.
 
2013-04-27 06:15:34 PM
I believe I may have a potential solution to this woman's troubling issue.

images.allegrocentral.com
 
2013-04-27 06:15:42 PM
Going the extra mile to buy some time.
 
2013-04-27 06:17:18 PM

Azlefty: The employer urine tests for drugs needs to be banned unless there's a public safety factor in the job.

Well since you have co-workers there is a public safety factor, drug users are 3.5 times morel likely to injure themselves or others on the job!


Source?

I'd think most working drug users wouldn't let you know they used unless they got hurt, so you'd only know by the time a drug test comes for workmans comp.

And then, if they did heroin or coke or such more than 3 days prior, you wouldn't know. Only if they had a joint within 30 days.

So, I'd like to know how the 3.5x likely number came about.
 
2013-04-27 06:19:15 PM
I hate drug tests for this reason alone. I hate peeing in a cup. Even when I was pregnant, I had issues peeing in the cup every time I went to the doctor. I would take a hair or blood test any day over a piss test. Can I sue too?
 
2013-04-27 06:20:46 PM
I have a shy bladder too.  Which is why I bring water with me when I do need to submit a UA.

/also refuse to apply or interview at places that want them off the bat
//they're only letting me know up front that they don't trust their own workers
 
2013-04-27 06:21:58 PM

vicioushobbit: Azlefty: The employer urine tests for drugs needs to be banned unless there's a public safety factor in the job.

Well since you have co-workers there is a public safety factor, drug users are 3.5 times morel likely to injure themselves or others on the job!

Source?

I'd think most working drug users wouldn't let you know they used unless they got hurt, so you'd only know by the time a drug test comes for workmans comp.

And then, if they did heroin or coke or such more than 3 days prior, you wouldn't know. Only if they had a joint within 30 days.

So, I'd like to know how the 3.5x likely number came about.


It is a complete bullshiat argument.

Of course, there's some darker who thinks a catheter is an appropriate violation of privacy by an employer. Or he's just making a joke. Hard to tell, Poe's law and all.
 
2013-04-27 06:22:10 PM

Azlefty: The employer urine tests for drugs needs to be banned unless there's a public safety factor in the job.

Well since you have co-workers there is a public safety factor, drug users are 3.5 times morel likely to injure themselves or others on the job!


So save the tests for after they actually do so.
 
2013-04-27 06:23:45 PM

The My Little Pony Killer: I have a shy bladder too.  Which is why I bring water with me when I do need to submit a UA.

/also refuse to apply or interview at places that want them off the bat
//they're only letting me know up front that they don't trust their own workers


It's a presumption of guilt, wherein you have to prove your innocence.

It's well past time to ban this shiat.
 
2013-04-27 06:24:45 PM
I can NOT pee in front of someone - if I go in to the rest room and someone sides up in the next urinal (etiquette be damned) and I havent started I basically have to either stand there till they leave (awkward) or pretend I'm done.  It sucks.

I had to be drug tested for a job 2 decades ago - I needed to be agony having to pee before I was able to give the guy a sample.
 
2013-04-27 06:24:55 PM
She then added:

"the way they violate the Americans with Disabilities Act just pisses me off."
 
2013-04-27 06:26:19 PM

Mercutio74: I still think it's barbaric that potential employers are allowed to demand a drug test with absolutely no indication you abuse drugs.


Well, employers are the ones who own the jobs, so if they want to only hire those who don't do drugs, it's their right as it's your right to hear that an employer drug tests before hiring and to refuse to apply for said job.

What amuses me is the company Gamestop.  I don't know if they drug test store employees, but they have a Corporate office and warehouse in the same building.  The warehouse people get drug tested upon hiring and randomly drug tested.  The corporate office people are never drug tested, however, at least a quarter of them would fail a random drug test.
 
2013-04-27 06:28:25 PM

dr_blasto: The My Little Pony Killer: I have a shy bladder too.  Which is why I bring water with me when I do need to submit a UA.

/also refuse to apply or interview at places that want them off the bat
//they're only letting me know up front that they don't trust their own workers

It's a presumption of guilt, wherein you have to prove your innocence.

It's well past time to ban this shiat.


Yes, and it also lets you know up front exactly the sort of treatment you can expect as a regular employee of theirs.
 
2013-04-27 06:28:50 PM
See, this is why we shouldn't treat kids like they're the most special snowflake, they'll pull stunts like this to get what they want

/if she doesn't oblige, job doesn't have to hire, or jump for the hair follicle test as mentioned
 
2013-04-27 06:29:01 PM

Azlefty: The employer urine tests for drugs needs to be banned unless there's a public safety factor in the job.

Well since you have co-workers there is a public safety factor, drug users are 3.5 times morel likely to injure themselves or others on the job!


Well, let's just pretend we're talking about poor people and say:"Well. life isn't fair!".
Does that work OK for you?
 
2013-04-27 06:29:01 PM

dr_blasto: The employer urine tests for drugs needs to be banned unless there's a public safety factor in the job.


So only the public's safety matters, not the safety of coworkers or the employer's business.
 
2013-04-27 06:29:40 PM

Fizpez: I can NOT pee in front of someone - if I go in to the rest room and someone sides up in the next urinal (etiquette be damned) and I havent started I basically have to either stand there till they leave (awkward) or pretend I'm done.  It sucks.

I had to be drug tested for a job 2 decades ago - I needed to be agony having to pee before I was able to give the guy a sample.


A reasonable accommodation would be free beer.
 
2013-04-27 06:29:56 PM
If you are addicted to a drug and addictions are classified as a disability, wouldn't that make drug tests a violation of the ADA?

/I've always wondered that
//drug tests are only to catch pot heads anyway
///they might catch recreational cokers if workplaces did them on Saturdays, but they don't
 
2013-04-27 06:30:09 PM

BarkingUnicorn: dr_blasto: The employer urine tests for drugs needs to be banned unless there's a public safety factor in the job.

So only the public's safety matters, not the safety of coworkers or the employer's business.


Not when it's something I'm doing at home on my own time, it sure as hell isn't.  Save the test for when I actually injure somebody or cause harm to your precious company.
 
2013-04-27 06:32:01 PM
Your employer has the right to not employ people who choose to break the law.
 
2013-04-27 06:32:36 PM

dr_blasto: The My Little Pony Killer: I have a shy bladder too.  Which is why I bring water with me when I do need to submit a UA.

/also refuse to apply or interview at places that want them off the bat
//they're only letting me know up front that they don't trust their own workers

It's a presumption of guilt, wherein you have to prove your innocence.

It's well past time to ban this shiat.


Every job application starts with the presumption that you're guilty of incompetence and you have to disprove it.

Private parties are not required to presume you are innocent.  If they were, googling a prospective date should be banned.
 
2013-04-27 06:32:44 PM
I've never used illegal drugs and I've never taken a drug test. Any potential employer who questions my honest without cause can fark off.
 
2013-04-27 06:33:23 PM
-y
I will submit to a typing test though.
 
2013-04-27 06:34:43 PM

ginandbacon: What part of accommodation do people not understand? It's not that hard. Seriously.


Done in two....

This is going to be an easy win for the lady and the Hospital looks like stupid because hello it is a hospital and they cannot even figure out how to accommodate a person with a disability.  Sheesh.
 
2013-04-27 06:34:55 PM

BarkingUnicorn: So only the public's safety matters, not the safety of coworkers or the employer's business.


Unless you do hourly drug testing, only idiots use the word "safety" when it comes to drug testing.

In reality, drug testing tests for cannibinoids, and that's about it.
 
2013-04-27 06:35:18 PM

BarkingUnicorn: Every job application starts with the presumption that you're guilty of incompetence and you have to disprove it.


Not every job application.  Just the ones with shiatty bosses.
 
2013-04-27 06:35:27 PM

Popcorn Johnny: Your employer has the right to not employ people who choose to break the law.


Maybe - maybe not. Depends on what laws and restrictions the rest of us want made. Employers used to be free to not hire people whose race they didn't care for. Then, we changed the rules. We can change them again, and there's nothing Piggy Mc Businessman can do about it.
Put that in your beer mug and swill it down like the drunken swine you are.
 
2013-04-27 06:35:46 PM

Great Janitor: Mercutio74: I still think it's barbaric that potential employers are allowed to demand a drug test with absolutely no indication you abuse drugs.

Well, employers are the ones who own the jobs, so if they want to only hire those who don't do drugs, it's their right as it's your right to hear that an employer drug tests before hiring and to refuse to apply for said job.

What amuses me is the company Gamestop.  I don't know if they drug test store employees, but they have a Corporate office and warehouse in the same building.  The warehouse people get drug tested upon hiring and randomly drug tested.  The corporate office people are never drug tested, however, at least a quarter of them would fail a random drug test.


Of course not! They earned the right to be in that corporate office and do as many drugs as possible with no consequence to their employment.
 
2013-04-27 06:37:18 PM
Incidentally, if you're that unsafe on the job, you shouldn't have the f*cking job regardless of your habits of consumption.
 
2013-04-27 06:40:04 PM

The My Little Pony Killer: BarkingUnicorn: dr_blasto: The employer urine tests for drugs needs to be banned unless there's a public safety factor in the job.

So only the public's safety matters, not the safety of coworkers or the employer's business.

Not when it's something I'm doing at home on my own time, it sure as hell isn't.  Save the test for when I actually injure somebody or cause harm to your precious company.


I don't care what you're doing at home.  I only care about your condition when you're at work. Has any employer brought a drug-sniffing dog to your home?

Wait for you to do damage?   Isn't that what happened in West, Texas?
 
2013-04-27 06:41:43 PM
The assumption that the boss is an asshole or on a powertrip might be right some of the time but the only time I ever had to be drug tested was for a security job.  The agency contracted with places that had pretty stringent safety and security protocols - its not surprising that drug testing would be part of that.  At the time it was pretty good money for basically walking around every once in a while and reading LOTs of books.
 
2013-04-27 06:41:47 PM

scottydoesntknow: Great Janitor: Mercutio74: I still think it's barbaric that potential employers are allowed to demand a drug test with absolutely no indication you abuse drugs.

Well, employers are the ones who own the jobs, so if they want to only hire those who don't do drugs, it's their right as it's your right to hear that an employer drug tests before hiring and to refuse to apply for said job.

What amuses me is the company Gamestop.  I don't know if they drug test store employees, but they have a Corporate office and warehouse in the same building.  The warehouse people get drug tested upon hiring and randomly drug tested.  The corporate office people are never drug tested, however, at least a quarter of them would fail a random drug test.

Of course not! They earned the right to be in that corporate office and do as many drugs as possible with no consequence to their employment.


Requirements to work in the warehouse: Basic english, heart beat, drug free
Requirements to work in the corporate office: know someone already working there (that's how I got there).
 
2013-04-27 06:42:28 PM
I can't do it.
I can't pee in a cup.

I can't pee if there's a time limit. I can't pee if I think someone can hear. I can't pee if I think about peeing. It doesn't matter how much water I've drank or how bad I have to go (longest pee test- five hours), I can't. I can't hold a cup and pee. I can only pee sitting forward with my knees on my elbows. I can't pee if my feet aren't flat on the floor. I can't pee if I think I'll get pee on me. I can't pee if I sat there too long and it's all quiet and I can hear myself breathing. I can't pee if I think someone's waiting for me, or someone else needs to pee. I can't think about pee.

Needless to say, drug testing is a huge hurdle for me, and I usually spend most of the day in a biatch ball sobbing before and after.

I have a place that accommodates me and puts a collection device on the toilet seat for me, but only if I beg the right person and try for an hour or two and claim to be crippled.

I've never done drugs- EVER. It's not a matter of "sucking it up". I'd rather be catheterised, and I genuinely mean it. I can't pee.

I can't take a pee test. I can't.

/anxiety sucks
 
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