Seventh Circuit Upholds Legality of Psychiatric Evaluation

What should an employer do when an employee engages in aberrant behavior that affects the employee's job performance or raises concerns among co-workers about the employee's mental stability. An employer's first reaction to require the employee to undergo a fitness-for-duty examination. Before taking such a step, however, an employer needs to ensure that it will not be violating the restrictions of the Americans with Disabilities Act ("ADA").
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What should an employer do when an employee engages in aberrant behavior that affects the employee's job performance or raises concerns among co-workers about the employee's mental stability. An employer's first reaction to require the employee to undergo a fitness-for-duty examination. Before taking such a step, however, an employer needs to ensure that it will not be violating the restrictions of the Americans with Disabilities Act ("ADA").

Jonathan R. Mook is a partner in the Alexandria, Virginia firm of DiMuro Ginsberg, P.C., where his practice includes general litigation and counseling employers in all aspects of employment law. Mr. Mook is the author of two legal treatises on the Americans with Disabilities Act: ''ADA: Employee Rights and Employer Obligations'' (1992) and ''ADA: Public Accommodations and Commercial Facilities'' (1994), both published by Matthew Bender. Mr. Mook can be contacted at jmook@dimuro.com.

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