Subj: Supervisor's question about medications violates Rehab Act
Supervisor's question about medications violates Rehab Act CASE FILE: Uchtmann v. Department of Agriculture, Agricultural Marketing Service, 113 LRP 11238 (EEOC OFO 02/27/13). Ruling: The Department of Agriculture violated the Rehabilitation Act when management asked a grader what medications he was taking. What it means: An agency violates the Rehabilitation Act if it asks an employee with a disability about the medications he is taking. Summary: A supervisory agricultural commodity grader for the Agricultural Marketing Service alleged that the agency subjected him to discrimination based on disability (alcoholism, bipolar disorder, and clinical depression). The EEOC found that the agency violated the Rehabilitation Act when management asked him what medications he was taking. During a conversation with a supervisor, the grader stated that certain medications were making him sleepy, and the supervisor asked what medications made him sleepy. It had already been established that he was disabled, and he had produced medical documentation. In its final decision, the agency found that it was beyond the scope of the agency's legitimate inquiry to ask what medications he was taking. The EEOC ordered the agency to conduct a supplemental investigation on the grader's entitlement to compensatory damages. The EEOC noted that the grader did not challenge the definition of the issues challenged by the agency in its final decision. He did not challenge the agency's finding of discrimination or the remedy awarded. The grader also did not allege noncompliance by the agency with the remedies awarded.
