Dura Automotive Systems Settles Discrimination Lawsuit For $750,000
Dura Automotive Systems settles a discrimination lawsuit for $750,000. The discrimination lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") under the Americans with Disabilities Act ("ADA"). According to published accounts the company tested all employees for 12 substances, including certain legally prescribed drugs. This is a violation of the ADA. It is okay to test for illegal drugs like cocaine or marijuana but the company tested for seven legal medications that were lawfully prescribed for the individuals taking them. This is just crazy and I really can't believe a company would behave this way in 2012.
Even more troubling than the testing was the fact that Dura required those employees who tested positive for legally prescribed medications to disclose the medical conditions for which they were taking prescription medications. And to make matters worse, the company made it a condition of employment that the employees cease taking their prescription medications, without any evidence that the medications were affecting the employees' job performances. This is just crazy. And employees who did not stop taking medication that was prescribed by their doctors were suspended. A few stopped taking the drugs but then could not do their jobs and they were fired. The final straw happened when the company told the entire work force who tested positive under the drug tests.
"This agency will continue to enforce the ADA's prohibitions against illegal medical inquiries and examinations of employees where they are not job-related and consistent with business necessity." said EEOC attorney Faye A. Williams