Southeast ADA Center
2014
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Dura fired and suspended several employees who received positive test results from Dura’s drug testing program. Some of the employees, however, were positive for legal, prescription, drugs. They sued under the ADA, arguing that the test was a “medical examination” or “disability inquiry,” each of which the ADA prohibits.
The Sixth Circuit here held that the intent of the employer is a key inquiry to determine whether there was a medical examination. They also held that, in order for there to be a disability inquiry, the employer must deliberately elicit information about an employee’s disability. The Sixth Circuit ultimately held that, in this case, it was not clear that Dura was intentionally trying to learn about their employees’ disability, and the question should have been submitted to the jury at the trial level.
https://adasoutheast.org/court/bates-v-dura-automotive-systems-inc/
Keywords: disability inquiry, medical test