Monroe insisted that she was better, which was confirmed by another neuropsychological exam in April 2015. She was not satisfied with the EEOC investigator because, according to Monroe, the investigator told Monroe she needed to undergo the counseling.Monroe finally agreed to the counseling and returned to work at CE full time in December 2015.UP NEXT: One intriguing issue the court did not address directly is whether an employer can require an employee to undergo psychological counseling as a condition of returning to work.Stay tuned for our 3rd post in this series, which will take on this and other issues related to the ADA and mental health exams. Matrix’s start-to-finish ADA Advantage management services can help you deal with tough issues like whether you have grounds to require an employee to undergo a mental health examination.Please be aware, however, that these postings do not constitute legal advice.As always, you should consult your legal counsel for advice on the correct solution based on the facts of your specific issue or situation.Matrix Absence Management is a nationwide company partnering with employers to provide custom management of Disability, Workers' Compensation, Leave of Absence and ADA programs.Matrix-Radar is our channel for sharing our thoughts and research on industry developments, legislative updates, and other topics of interest to partners and friends.
According to the EEOC, this is established when the employer has a reasonable belief, based on objective evidence, that: obtained prior to requiring a medical examination.
No surprise, Monroe filed suit against CE in January 2016. The ADA extends its nondiscrimination protections to include an individual who does not have an impairment but is regarded as having one.
In her lawsuit Monroe did not claim that she had a qualifying mental impairment under the ADA.
Her complaint was investigated by Kathleen Delaney, CE’s director of Human Resources, who did not find any merit to Monroe’s allegations.
Due to the nature of Monroe’s charges, Delaney arranged to have Monroe scheduled for an IME to determine if she was able to perform the essential functions of her job. Dutes performed a neuropsychology evaluation and reported that Monroe showed a high degree of interpersonal sensitivity and a tendency toward paranoid thinking.