The Americans With Disabilities Act (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." In a case of first impression, the Sixth Circuit has ruled that an employer's requirement that an employee obtain psychological counselling is a requirement for a medical examination under the ADA. Kroll v. White Lake Ambulance Authority, No 10-2348 (August 22, 2012).
Robert L. Abell
www.RobertAbellLaw.com
