DELPHI CORPORATION AGREES TO SETTLE EEOC LAWSUIT OVER PROHIBITED MEDICAL INQUIRIES

Sick Leave Policy Violated ADA, Agency Charged

NEW YORK — Delphi Corporation, one of the world's largest suppliers of automotive parts, will pay $80,000 and agree to injunctive relief to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.  The EEOC had charged that the company violated federal law by subjecting employees to unlawful inquiries into their medical conditions and retaliating against those who objected to the inquiries.

  In its lawsuit, the EEOC said that Delphi violated the Americans With Disabilities Act (ADA) because it required workers returning from sick leave to sign releases permitting company representatives to access their medical information.  In the case of an employee at Delphi's Rochester-based facility, the EEOC said, his protest of Delphi's policy resulted in his immediate dismissal. 

The consent decree resolving the case, submitted for approval to U.S. District Judge Michael A. Telesca, provides $80,000 to the dismissed employee and injunctive relief, including changes in Delphi's sick leave policy, training, and monitoring.

The lawsuit was filed in U.S. District Court for the Western District of New York on September 28, 2007 (Civil Action No. 07 CV 6430), after the agency investigated, found that discrimination had occurred, and first attempted to reach a voluntary settlement.

"The EEOC hopes this settlement encourages employers to review their sick leave policies to ensure that they do not violate the ADA's prohibitions on medical inquiries and examinations," said Spencer Lewis, director of the EEOC's New York District Office.  "These provisions are intended to protect all employees from discrimination based on disability or perceived disability."

Margaret A. Malloy, the EEOC trial attorney assigned to the case, added, "The EEOC will continue to seek full relief from employers whose policies violate the ADA."

According to company information, Troy, Mich.-based Delphi has approximately 133,000 employees and operates 138 wholly owned manufacturing sites in 34 countries with sales of $18.1 billion in 2008.

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