An automotive parts company has agreed to pay $750,000 to settle a lawsuit filed by the U.S. Equal Employment Opportunity Commission related to its allegedly testing plant employees for substances, including legally prescribed drugs, in violation of the Americans with Disabilities Act.

The EEOC said Wednesday that Auburn Hills, Mich.-based Dura Automotive Systems Inc. had tested all of its Lawrenceburg, Tenn., plant employees in May 2007 for 12 substances. Only five of those were controlled substances, and the others were legal, lawfully prescribed medications.

The EEOC also said Dura required employees who tested positive for the legally prescribed medication to disclose the medical conditions for which they were taking the drugs, and made it a condition of employment that they stop taking them, without any evidence they were affecting job performances.

Dura then suspended employees until they stopped taking their prescription medications, and fired those who were unable to perform their job duties without the drugs. Dura also disclosed to its entire work force the identities of those who tested positive, said the EEOC.

In addition to the $750,000 payment, other provisions of the four-year consent decree that settles the lawsuit include that Dura is enjoined from making medical inquiries and from conducting medical exams that are prohibited by the ADA, and is prohibited from conducting employee drug screens that are not job-related “or consistent with business necessity.”

Faye A. Williams, the EEOC's regional attorney for the Memphis district, said in a statement, “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.

“The EEOC's Guidance on Disability-Related Inquiries and Medical Examinations of Employees provides that asking an employee whether he or she is currently taking any prescription medications may be considered a medical inquiry,” said Ms. Williams.

Dura general counsel Martha Moyer said in a statement, “Dura’s corporate policy complies with all of the mandates included in the EEOC consent decree to close the 2009 lawsuit, and has for many years.

“This unfortunate lawsuit pertains to events from early 2007 and the EEOC’s allegations of workplace discrimination. DURA maintains that the testing protocol was consistent with the Tennessee Drug Free Workplace standards and that there was a business necessity for the testing and handling of work assignments.

“Without any admission of wrongdoing, Dura reached settlement with the EEOC to bring to close a long legal process. The EEOC’s allegations of workplace violations more than 5 years ago do not reflect Dura’s current drug testing protocol and company policies.”