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Kroll v. White Lake Ambulance Auth., No. 10-2348 (6th Cir. Aug. 22, 2012)

Articles Discussing Case:

Federal Appellate Court Holds that Requiring an Employee to Undergo Psychological Counseling May Constitute Requiring a Medical Examination Under the ADA

Littler Mendelson, P.C. • September 12, 2012
While numerous cases have dealt with whether a particular medical examination required by an employer was "job related" and consistent with "business necessity," a new case from the U.S. Court of Appeals for the Sixth Circuit addresses the issue of what constitutes a "medical examination" under the Americans with Disabilities Act (ADA). In Kroll v. White Lake Ambulance Auth., No. 10-2348 (6th Cir. Aug. 22, 2012), the court looked to the 2000 EEOC Enforcement Guidance: Disability Related Inquiries and Medical Examinations of Employees under the Americans with Disabilities Act (ADA) ("Guidance") and adopted the EEOC's seven-prong test. Relying principally on three factors of that test, the court concluded that a jury must decide whether the employer's requirement that the plaintiff obtain psychological counseling amounted to requiring the plaintiff to undergo a "medical examination." The decision serves as an important reminder for employers to carefully consider any directives that an employee obtain counseling, therapy, or other treatment.