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BATES v. DURA AUTOMOTIVE SYSTEMS, INC.

No. 09-6351.

625 F.3d 283 (2010)

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

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 3, 2010.

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. ON BRIEF: Robert E. Boston , Andrew S. Naylor , Waller Lansden Dortch & Davis, LLP, Nashville, Tennessee, Ben Boston , Boston, Holt, Sockwell & Durham, PLLC, Lawrenceburg, Tennessee, for Appellant. John A. Beam, III , Kristin J. Fecteau , Equitus Law Alliance, PLLC, Nashville, Tennessee, for Appellees.

Before: MARTIN and McKEAGUE, Circuit Judges; LUDINGTON, District Judge.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Plaintiffs-appellees are seven former employees of Dura Automotive Systems who are challenging Dura's drug testing policy under the Americans with Disabilities Act. In resolving the parties' cross motions for summary judgment, the district court held that an individual need not be disabled to pursue a claim under section 12112(b)(6) of the Act. The district court certified...

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