“Psychological Counseling” Could Be Medical Exam Under ADA, Sixth Circuit Rules
The ADA prohibits employers from requiring a medical examination or making inquiries of an employee as to whether such employee is an individual with a disability . . . unless such examination or inquiry is shown to be job-related and consistent with business necessity, the Court observes. “Thus, employees can be instructed to undergo medical examinations by employers only ‘in certain limited circumstances,’ confined by the ‘job-relatedness’ and ‘business necessity’ requirements.” The EMT contends she was ordered to undergo the counseling after she became romantically involved with a co-worker.
The Court says that the administration and interpretation by a health-care professional—weigh in favor of the “psychological counseling” the EMT was instructed to attend being a “medical examination,” and concludes that a reasonable jury could find that the “psychological counseling” the EMT was instructed to attend constituted a “medical examination.” Kroll v. White Lake Ambulance Authority