The Americans with Disabilities Act (ADA) prohibits a covered employer from requiring an employee to undergo a “medical examination,” unless the examination is shown to be job-related and consistent with business necessity. The Sixth Circuit Court of Appeals recently held that an employer’s demand that an employee seek psychological counseling as a condition of continued employment may constitute a violation of the ADA.
In Kroll v White Lake Ambulance Authority, Case No. 10-2348 (6th Cir. 2012), the plaintiff, Emily Kroll, was an Emergency Medical Technician for White Lake Ambulance Authority (WLAA). She had an affair with a married co-worker and began to exhibit stress and anger at work. Several co-workers expressed to management concern for her well-being. On one occasion, while transporting a patient in emergency status, she was screaming at someone on her telephone. WLAA questioned whether Kroll could perform her job safely and told her that she must attend counseling in order to continue working. There was a dispute whether WLAA required that the counseling be psychological in nature. Kroll refused to seek counseling and did not return to work at WLAA. Continue Reading Requiring Employee to Seek Counseling May Violate ADA