Bates v. Dura Auto. Sys., Inc.

Dura began testing employees at its Lawrenceburg, Tennessee manufacturing facility for substances in illegal drugs and in prescription medications packaged with warnings about operating machinery. Plaintiffs, none of whom has a disability under the Americans with Disability Act (ADA), worked at the facility and took various prescribed medications. After they tested positive, Dura directed the employees to disclose their medications to FFS, a third-party company hired to administer the tests. FFS reported the machine-restricted drugs to Dura, which warned plaintiffs to discontinue using the offending medications. After retests came back positive, Dura terminated their employment. Plaintiffs filed suit, alleging violation of the ADA, 42 U.S.C. 12112(d)(4)(A), which prohibits employers from requiring “medical examination[s]” or “mak[ing] inquiries of an employee as to whether such employee is an individual with a disability ... unless such examination or inquiry is shown to be job-related and consistent with business necessity.” A jury found for all but one plaintiff and awarded damages of more than $870,000. The Sixth Circuit reversed a holding that Dura’s drug-testing protocol constituted as a matter of law, a medical examination or disability inquiry and the related punitive-damages award. On remand, the jury must decide whether Dura’s drug testing constituted a medical examination or disability inquiry, relying on definitions and illustrative examples provided by EEOC guidance. If the jury finds Dura liable, it can proceed to consider punitive damages. The court affirmed with respect to the availability of statutory damages and the jury’s adverse business necessity/ job-relatedness verdict. View "Bates v. Dura Auto. Sys., Inc." on Justia Law