Kathleen Bray

If an employer has a reasonable belief that the employee, based on objective evidence, cannot perform essential job functions or poses a safety threat to themselves or other members of the workforce or public, the employer can require a psychological examination. In the case in question, a fire fighter had become very withdrawn and was not accepting of job related criticism. In light of certain fire fighter suicides, co-workers reported the employee, who was then asked to undergo a psychological examination, which the employee passed and also agree to counseling. A suit to determine if the psychological examination was in violation of the ADA was dismissed because the fire fighter’s depressed condition would pose a threat to the public and/or her fellow fire fighters, and was based on a reasonable belief. Coffman v. Indianapolis Fire Department (7th Cir. 2009)