I agree that GINA is going to have a big impact on organizations that screen broadly and then expect to see all the test results. But it’s an ill wind that blows no good. 

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.” 

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. 

Can Your School Handle it if Your Child’s Disability is Mental Illness? Your school may or may not be prepared to cope. Here are six issues to watch out for.

Often, parents come talk to us about their special education matter and end up deciding that it costs too much to hire an attorney. Often, we talk to parents in situations where a child's education has been wrecked for years, often beyond repair. We wish we could have helped them sooner. This raises questions. When do you need an attorney or parent advocate? When would an attorney add value to your child's life that outweighs the cost?

Every parent dreams of what his or her child will grow up to be. Will my child become an NFL player, a concert pianist, or perhaps win the Nobel Prize? No parent ever wishes that his or her child would be born with a disability, even though the parent knows that dreams may not become reality.

With summer ending, parents of children with special needs have a new and daunting task: transitioning back to school. What additional steps should you take to ensure your child with a disability is ready for school?

Now that the Sixth Circuit has said that requiring a worker to get psychological counseling is equivalent to requiring a medical examination under the ADA, the question is when requiring such an examination is permissible anyway.

John Buckley, a lawyer who is helping write the law in Colorado pertaining to trusts, graduated from the United States Air Force Academy and later Harvard Law School. He founded Buckley Law, for estate and asset protection planning in the Front Range.