An auto parts manufacturer has entered into a consent decree with the Equal Employment Opportunity Commission (EEOC) requiring it to pay $750,000 to a group of current and former employees at its Lawrenceburg, Tennessee facility based on allegations that company drug testing practices violated the Americans with Disabilities Act (ADA).The EEOC alleged that the company tested all of its employees for 12 substances, including certain legally prescribed drugs, in violation of the ADA. It also alleged that the company required those employees who tested positive for legally prescribed medications to disclose the medical conditions for which they were taking the medications and to cease taking them. The company then suspended employees until they stopped taking their prescription medications and fired those who were unable to perform their job duties without the benefit of the medications. Employers must ensure that testing for prescription medications is job-related and consistent with business necessity. Also, employers should not have blanket rules prohibiting employees from using certain prescription medications without undertaking an individualized assessment of the particular employee’s situation.
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