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When You Gotta Go, You Gotta Go – But It May Not Be an ADA Disability

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By Eric B. Meyer

When you gotta go, you gotta go.

In Sanders v. Judson Center, the plaintiff worked for a non-profit human service agency providing services to disabled individuals identified as “consumers.” The plaintiff, who suffered from a heart condition, was prescribed medication designed to get rid of body of fluids.

One night, while transporting two consumers in a van, the plaintiff was overcome with the need to urinate. So, she pulled over at a rest stop to use the bathroom.

The problem was that the two consumers required constant supervision. And, during the plaintiff’s bathroom break, one of the “consumers” wandered off from the van. (more…)


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