When You Can Require Counseling for Workers?

In this resource, Theresa Lynn Sidebotham, Esq. and Dr. Brent Lindquist have a discourse about when missions think that a family needs receive counseling, but the family doesn't want to go. 

Question: When Can You Require Counseling for Workers? (from Brent)

Theresa, there are times when a mission wants a family to come to us for counseling, but they don’t want to, for any number of reasons. Most of the time they don’t feel they are having the problems the mission thinks they are. In many of these cases, the Mission Board has “forced” them to come by saying they could not remain on the field if they continued to refuse to get care.

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…

Do you have any views about this? I can see numerous instances or situations where a person’s health, safety, and adjustment is compromised by mental health, interpersonal, and safety issues on the field that need mental health intervention. I look forward to hearing from you!

Response: When You Can Require Counseling for Workers? (from Theresa)

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.”

This new standard could impact missions in two areas.

• First, what are their spiritual and moral standards? They may be able to require counseling as a corrective for problems that violate the spiritual and moral standards (which should be clearly defined in advance).

• Second, what responsibilities does the mission have to care for people in remote or dangerous areas, both for the individual and for others on the team? This may necessitate requiring counseling, and also should be clearly defined in advance.

As religious organizations, missions are going to have a bit more freedom than secular organizations to require counseling. In many cases, the worker won’t even be able to bring in the ADA because the ministerial exception gives the mission complete discretion over employment decisions. But the wiser approach (and kinder to employees) is to avoid these problems by having consistent and well-implemented policies.

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"The Rock and the Hard Place" blog is a discourse between Theresa Lynn Sidebotham, Esq. and Dr. Brent Lindquist on the topics of law, human resources, psychology, member care, and the theology of missions. To learn more about this blog and what it's all about, click here.

Theresa Lynn Sidebotham, Esq.

Dr. Brent Lindquist

Disclaimer: not official legal or psychological advice or opinion