Auto parts manufacturer Delphi has settled a suit with the EEOC alleging the company made prohibited medical inquiries into employees’ health and retaliated against staff who objected.
Delphi required employees returning from sick leave to sign releases allowing the company to probe their medical records. When one employee in Rochester objected, he was immediately terminated.
Delphi will pay him $80,000. Additionally, Delphi will change its sick leave policy and train its supervisors on which medical inquiries are allowed and which are not.
Note: Employers may not go on fishing expeditions into employees’ medical records. You can request medical certification of the need for leave under the , or obtain information on medical restrictions on the employee’s ability to perform the essential functions. All inquiries must be job-related and of business necessity.
- Base FMLA eligibility on date leave begins, not date employee requests it
- Employee not ready to return after FMLA leave? She may be eligible for additional unpaid leave
- Hershey Med responds to retaliation charges
- FMLA isn't carte blanche for all sick leave
- Serious condition, not its symptoms, triggers FMLA