SAN ANTONIO, Texas — Swift Technical Services, LLC, doing business as Airswift, a Houston-based staffing firm focused on the oil and gas industry, violated federal law when it refused to accommodate an employee with a disability who worked in a liquid natural gas facility in Gregory, Texas, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today.
According to the EEOC’s lawsuit, at the start of his employment, the building superintendent told his employer that he had thyroid and prostate cancer in remission and that the prescription medication he was taking could cause false positives for illegal substances on a drug test. He explained that he takes prescription medication to treat gastroesophageal reflux disease, which was a side effect of his cancer treatment. The EEOC’s lawsuit asserts that when the building superintendent later failed a urinalysis drug test, he requested the reasonable accommodation of a retest using either a blood or hair sample. Rather than allow this accommodation in testing, however, Airswift fired him.