Erie, Pa.-based Erie Strayer Co. and Local 468 of the International Association of Bridge Structural, Ornamental and Reinforcing Iron Workers have settled charges they violated the ADA when they required employees to provide detailed medical information in order to use paid sick leave.
The EEOC alleged the employer and union harassed and threatened workers who failed to provide medical information. The parties have agreed to settle the complaint and change company policy on medical inquiries. The company will also pay the lead plaintiff $15,000 in damages.
Note: Employers must prove any medical inquiry is driven by business necessity. The EEOC will assume any overly broad request is a fishing expedition to gather information that could be used against the employee later.