Can someone be fired for uncontrollable flatulence?

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Can someone be fired for uncontrollable flatulence?

Asked on January 27, 2011 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Someone could possibly be fired for uncontrollable flatuence. The issue depends upon whether the cause of the flatulence is some medical condition which would rise to the level of a "disability." Since a disability for this purpose is a medical condition which cannot readily be controlled or alleviated by medicine, diet, etc., it's unlikely that's going to be the case; most causes of flatulence can be moderated or controlled by changing diet or taking the appropriate OTC or even prescription medicine. If the cause of the flatulence is a disability, then an employer may not discriminate against an employee because of it; however, if it's not a disability, then unless there's an employment contract, the employment is "employment at will" and the person may be fired.


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