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Employers May Require Psychological Counseling For Employees Under Certain Circumstances
May 30, 2013
Source: The National Law Review
In an opinion dated May 22, 2013, the Honorable Gordon J. Quist concluded that requiring that Kroll undergo a psychological examination as a condition of her continued employment was appropriate under the circumstances and entered summary judgment in favor of WLAA. The court began its analysis by noting that the United States Court of Appeals for the Sixth Circuit recently held that psychological counseling constitutes a "medical examination" under the ADA. Under the ADA an employer may require an employee to submit to a medical examination where that medical examination "is job-related and consistent with business necessity."
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