Question

A paramedic with a record of good job perfor-mance became romantically involved with a married coworker. The relationship was stormy, however, and the paramedic began to get into conflicts at work and display some behaviors on the job that concerned others. In one such inci-dent, it was reported that she had been observed screaming at a male acquaintance over the phone at the same time as she was transporting a patient with the emergency lights and siren on. Eventually, the paramedic was told by supervi-sors that she needed to get “counseling” to con-tinue working for the ambulance service. Some names were suggested, but the employer did not pay for the counseling and it was left to the employee to decide whom she wanted to see. The ambulance service also requested that she autho-rize the release of her counseling records, so that company human resources personnel could verify her attendance. The woman balked at pay-ing for the counseling, refused to do so, and quit. She sued, claiming that the employer violated the ADA by requiring her to take a medical exam. What should the court decide? Why?

Answer 1

Enforcement guidance from the Equal Employment Opportunity Commission on Disability-Related Inquiries and Medical Examinations of Employees. The guidance defines “medical examination” as “a procedure or test that seeks information about an individual’s physical or mental impairments or health” and asks whether the test or procedure in question:

1. Is administered by a health care professional
2. Is interpreted by a health care professional
3. Is designed to reveal an impairment of physical or mental health
4. Is invasive
5. Measures an employee’s performance of a task or measures his/her physiological responses to performing the task
6. Is normally given in a medical setting
7. Uses medical equipment

In this case, as the first three are clearly in favor of the plaintiff, her claim that she was asked to undergo a medical examination.

As per Americans with Disabilities Act, 1992, once your offerees begin employment, you can no longer require any kind of "preventive" medical examinations. You can make medical inquiries and require medical examinations of current employees only if the inquiries or exams are "job-related and consistent with business necessity." (You can also require medical examinations if they are required by another federal law, or in conjunction with a voluntary wellness program.)