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BATES v. DURA AUTOMOTIVE SYSTEMS, INC.

No. 11-6088.

767 F.3d 566 (2014)

Velma Sue BATES; Claudia Birdyshaw; Mark Long; Jon Toungett; Carolyn Wade; Richard White, Plaintiffs-Appellees, v. DURA AUTOMOTIVE SYSTEMS, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 26, 2014.

Attorney(s) appearing for the Case

ARGUED: Robert E. Boston, Waller Lansden Dortch & Davis, LLP, Nashville, Tennessee, for Appellant. John A. Beam, III, Equitus Law Alliance, PLLC, Nashville, Tennessee, for Appellees. James M. Tucker, United States Equal Employment Opportunity Commission, Washington, D.C. for Amicus Curiae. ON BRIEF: Robert E. Boston, Andrew S. Naylor, Tera Rica Murdock, Waller Lansden Dortch & Davis, LLP, Nashville, Tennessee, Ben Boston, Boston, Holt, Sockwell & Durham, PLLC, Lawrenceburg, Tennessee, for Appellant. John A. Beam, III, Equitus Law Alliance, PLLC, Nashville, Tennessee, for Appellees. James M. Tucker, United States Equal Employment Opportunity Commission, Washington, D.C. for Amicus Curiae.

COOK, J., delivered the opinion of the court, in which BOGGS, J., joined. GIBBONS, J. (pp. 583-85), delivered a separate dissenting opinion.

OPINION

COOK, Circuit Judge.

In 2007, Dura Automotive Systems, Inc., ("Dura") began testing employees at its manufacturing facility in Lawrenceburg, Tennessee, for substances appearing in both illegal drugs and in prescription medications packaged with warnings about operating machinery. Plaintiffs-appellees, none of whom has a disability under the Americans with Disability Act ("ADA"), worked at the facility and took prescribed medications for a variety...

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