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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”?

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Part 1: Good-bye GINA, Hello Social Networking

social networkingHi, Brent. Social networking is the new way we participate in community, so many of the things we once shared at the village well or at prayer meetings are now shared online. That can be good and it can cause problems, just like old-time gossip. And social media definitely causes its share of employment problems.

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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.” 

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