The Law of Wrongful Discharge

6th Circuit Court of Appeals Clarifies the Medical Exam Provisions in the ADA

Posted by Bradley Glazier | Aug 19, 2014 | 0 Comments

Kroll v WLAA - Click for a full text of the court decision described below.

On August 19, 2014, the US Court of Appeals for the Sixth Circuit issued a decision in favor of Emily Kroll.  Emily was an EMT working for White Lake Ambulance Authority when she was fired for refusing to undergo a psychological counseling.  The case was dismissed twice by the Grand Rapids federal district court judge assigned to the case and this is the second time that the Sixth Circuit has reversed his decisions. In the first appeal, the Sixth Circuit concluded that the psychological counseling ordered by WLAA was a "medical exam" as that term is defined in the Americans with Disabilities Act.  In its most recent decision, the Sixth Circuit found that a jury should resolve the issue of whether the counseling ordered by the WLAA was "job-related and consistent with business necessity," as required by 42 U.S.C. 12112(d)(4)(A).  Ms. Kroll is being represented by Bradley Glazier.

About the Author

Bradley Glazier

Bradley K. Glazier has enjoyed his success as trial lawyer for more than 30 years. In that time, Mr. Glazier has presented dozens of cases to judges, juries and arbitrators. He is a frequent speaker at employment litigation seminars.


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