EEOC sues Delphi over queries

BUFFALO, N.Y. (AP) — The Equal Employment Opportunity Commission has accused auto parts supplier Delphi Corp. of illegally asking employees for medical information and retaliating against those who object.

A lawsuit filed in U.S. District Court in Buffalo said Delphi has violated the federal Americans with Disabilities Act since at least 2004 by requiring workers returning from sick leave to sign releases allowing the company to access medical information.

Delphi spokesman Lindsey Williams said Monday that company policy prohibited him from talking about personnel matters and pending litigation.

A Rochester employee said he was fired after refusing to sign the release that would have let Delphi check with his doctor about why he missed two days of work in August 2006. The employee said he agreed to allow Delphi to verify with the doctor that he had been unable to work, but he would not allow discussion of his specific medical condition.

“This law prevents employers from discriminating against individuals with disabilities who are able to do their jobs,” said Spencer Lewis Jr., director of the EEOC’s New York district office.

The lawsuit filed Friday asks the court to order Delphi not to make any disability-related inquiries that are not job-related and to provide back pay and other compensation to those affected by the alleged practice.