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Response: When You Can Require Counseling for Workers

get help!Brent, this used to be less of a problem, but recent case law suggests that requiring counseling now may be the equivalent of requiring a medical examination. This means there can be implications under the Americans with Disabilities Act. Requiring counseling would then have to be “job-related and consistent with business necessity.” 

Question: When Can You Require Counseling for Workers?

get counseling!Often a mission wants a family to come to us for counseling, but the family doesn't want to. While we have had lots of success stories with these people who felt they were dragged to us, I have wondered about the “legality” of this push to get help… 

Part 9: What Happens With the Retaliation Lawsuit?

fighting retaliation claimsOur question today is, how do you avoid a retaliation lawsuit? The original complaint doesn’t have to have merit. It could be wrong or ill-conceived. It is still going to be difficult to get a claim of retaliation dismissed. You are going to have to show a non-retaliatory business reason for the termination... 

Local Government and Legislative Prayer--Can They Pray or Not?

Two recent decisions on invocational prayer before local government Board meetings, filed in March of 2013, came out in opposite directions, but give some insight into the legal principles involved in determining whether Boards can properly sponsor a formal prayer before meetings. In Hudson v. Pittsylvania County, the federal district court for the Western District of Virginia issued an injunction against the prayers being offered. In Atheists of Florida v. City of Lakeland, the Eleventh Circuit found no constitutional violation. Different courts on different days, or consistent underlying principles?

Part 7: Open Communication and Impartiality in Investigations

This is quite helpful Theresa. I think the biggest issue here, is, wait for it, …communication! Part of me still struggles with wondering if it is possible to investigate a complaint by a party, gather information through an investigation through all parties, and end up by determining that the complaining party is more the problem than anyone else. 

Part 6: What Reports or Observations Trigger an Investigation

investigationsIn our hypothetical, Tom and Sally reached out and made allegations to the mission leader. It seems fairly obvious this should have triggered an investigation. But we probably want to spend more time thinking about how investigations get started. When should you investigate? A number of situations may call for an investigation. 

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