EEOC SUES DURA AUTOMOTIVE SYSTEMS FOR VIOLATIONS OF AMERICANS WITH DISABILITIES ACT

Federal Agency Charges Company Made Medical Inquires and Conducted Medical Exams Prohibited by the ADA

NASHVILLE, Tenn. – A  Michigan-based automotive parts company violated federal law when it conducted  blanket drug tests of all of its production employees at its Lawrenceburg, Tenn.,  manufacturing facility, including testing for lawfully prescribed drugs, the  U.S. Equal Employment Opportunity Commission (EEOC) charges in a lawsuit  announced today.

According to the EEOC’s suit (Civil Action No. 1:09-cv-00059 in the U.S.  District Court for the Middle District of Tennessee, Nashville Division), Dura  Automotive, Inc. tested all of its production employees for certain legally  prescribed drugs for 12 different classes of drugs. Five of the drugs tested for were  controlled substances, the EEOC said, but the other seven were legal medica­tions  so long as they are lawfully prescribed for the individuals taking them.

Further,  Dura required those who tested positive to disclose the medical conditions for  which they were taking prescription medications and made it a condition of  employment that the employees stop taking their prescription medications,  without any evidence that the medications were affecting the employees’ job  performances. According to the EEOC,  Dura then would suspend the employees until they stopped taking their  prescription medications, and fired those who were unable to perform their job  duties without the benefit of their prescription medications. Moreover, Dura conducted the drug tests in  such a manner as to disclose to its entire work force the identities of those  who tested positive.

All  this alleged conduct violates various provisions of the Americans With  Disabilities Act (ADA), the EEOC charged.  The EEOC filed suit after first attempting to reach a voluntary  settlement. The lawsuit asks the court  to, among other things, grant a permanent injunction enjoining Dura from  conducting medical exams and making medical inquiries of employees in violation  of the ADA, and  provide for out-of-pocket losses and compensatory and punitive damages for the  adversely affected employees.

“Identifying  employees who have disabilities is a first step toward possibly making those  employees targets for discrimination,” said Katharine W. Kores, the EEOC’s  director for the Memphis District Office.  “The ADA allows employers to test  employees for controlled substances, but testing for legally prescribed  medications and forcing employees to disclose their medical reasons for taking  them clearly exceeds what the ADA  allows an employer to do. The situation  at Dura Automotive was aggravated by the company’s humiliating those who tested  positive by conducting its tests in a manner that immediately made their  identities known to its entire work force.”

According to company information, Dura Automotive  Systems, Inc., headquartered in Rochester    Hills, Mich., is a  global provider of parts for automotive and specialty vehicles. It has approximately 9,800 employees at 33  manufacturing facilities worldwide, including its facility in  Lawrenceburg.

The EEOC enforces federal laws prohibiting employment  discrimination. Further information  about the EEOC is available on its web site at www.eeoc.gov.