In Gibbon v City of New York, Respondent failed to provide a urine sample required for the Assistant City Highway Repairer position. Respondent stated his inability to provide a urine sample was based on a medical condition that prevented him from being able to provide one. He stated that New York City violated His rights and that he was discriminated against due to a medical condition.
Defendant alleged benign prostate hyperplasia (BPH) prevented him from producing a sample within a three (3) hour period, but the court held there was no conclusive evidence that Petitioner’s condition would prevent him from providing a sample in a three hour time period. Defendant, City of New York argued they did not violate state and local discrimination laws.
The City’s Motion argued to dismiss the complaint was granted. Plaintiff failed to comply with The City’s drug test procedures and Defendant was implementing federal regulations required for the position and did not violate state or local discrimination laws by doing so.
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