EEOC Settles Mandatory Medication Disclosure Suit

September 23, 2019

The Equal Employment Opportunity Commission (EEOC) and Texas-based Oncor Electric Delivery Company, LLC, have agreed to settle for $50,000 a disability discrimination lawsuit. The suit alleged that the regulated electric utility company violated the Americans with Disabilities Act (ADA) when it fired an employee for refusing to sign an agreement promising to abide by a company requirement to disclose, directly to her supervisor, all medications, whether prescription or over-the-counter, that could affect job performance, including dosages and changes of dosages. The EEOC noted that inquiries about employees’ medications are permitted only in limited circumstances, in positions affecting public safety, and only where an employer can demonstrate that an employee’s impaired ability to perform job duties will result in a direct threat.