Main menu

Part 5: Comments on Testing by Dr. R.P. Ascano

Many examining psychologists are not aware of the existence of 29 CFR § 1630.13, titled “Prohibited medical examinations and inquiries.”  Even more importantly, section 1630.10, “Qualification standards, tests, and other selection criteria,” discusses the types of tests that can be used. 

Read more...

Part 4: Legal Issues Related to Assessments

AssessmentsI see a number of legal issues around assessments. Some assessments are designed to give insight into personality or leadership styles. Those are fine. Others, like the MMPI, are designed to identify pathology. These raise a host of problems

Read more...

ADA - Part 3: When is a Psychological Examination a Business Necessity?

Requiring an employee to undergo psychological counseling may violate Americans with Disabilities Act as previously discussed in Part 1 and Part 2. The Sixth Circuit just issued another opinion in favor of the ambulance driver, Kroll. The Sixth Circuit was not too happy with Kroll’s employer. How can you demonstrate that counseling is “job-related and consistent with business necessity”?

Read more...

ADA - Part 1: Monitoring Spiritual and Mental Health Without Violating the ADA

A new Sixth Circuit case, Kroll v. White Lake Ambulance Authority, decided on August 22, 2012, potentially raises a new set of problems for churches and mission organizations. Requiring employees to get mental health counseling is likely a violation of the Americans with Disabilities except in certain narrow circumstances. Religious organizations should consider what circumstances apply and be prepared. 

Read more...
Subscribe to this RSS feed

© Telios Law