A customer service representative had been employed by a company for about eight years and had received
Question:
A customer service representative had been employed by a company for about eight years and had received three promotions during that time. He had moved up to a position where he was responsible for monitoring the performance of other call center employees. He worked mostly from home but was occasionally required to report to the call center for meetings. At one such meeting with his manager, the employee complained about being discriminated against because he is from another country. He became upset, banged his hand on the table, and aid that someone was “going to pay for this.” This led to a request from the company that he speak with a consulting psychologist. The psychologist concluded that the employee was “a very stressed and agitated individual” and that there was a “:strong possibility that he was delusional.” He was then sked to see a psychiatrist, but the employee refused to answer the doctor’s questions and an evaluation could not be completed. The employee was placed on paid leave a was told by the company that he would have to undergo a psychiatric/psychological fitness-for-duty exam (FFDE) before returning to work. If he declined t take the exam, he would be considered to have voluntarily resigned. The employee reluctantly submitted to the FFDE. He tested “within normal limits” on the exam and was allowed to return to work. Did the employer violate the ADA by requiring the FFDE?
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