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In EEOC v. Browning-Ferris , Inc ., the EEOC alleged that defendant , a waste removal company , discriminated against charging party , a boom truck driver and trash compactor repair person , when it fired her because of her disability , Crohn 's disease , an inflammatory bowel disorder . A city council could reasonably determine on the authority of Browning-Ferris , Inc. v. City of Leon Valley that a contract with a temporary day labor agency for garbage collection workers was necessary to preserve or protect the public health , thereby bringing the contract within the " public health or safety " exception found in Local Government Code section 252.022 ( a ) ( 2 ) .