In Bates v. Dura Auto. Systems Inc., a federal district court in Tennessee held that a jury must decide plaintiff's claim that the employer's random drug testing program violated the ADA. After multiple positive post-accident drug test results at an auto-parts manufacturing plant, the employer implemented a plant-wide random drug testing program. Plaintiff Bates was terminated after testing positive for oxycodone. According to Bates, the medication was prescribed by her physician for pain. The court held that the drug test was a medical examination under the ADA, and that the employer was required to establish a realistic connection between the testing and the work performed such that the screening was consistent with "business necessity." Because the employer had allegedly refused to consider medical documentation that the worker was able to safely perform the job while taking the prescribed medication, the court directed a jury trial to determine if there was a business necessity for the tests.
