Facts

1. What was the legal issue in this case? What did the appeals court decide?

2. What factors does the EEOC use to determine whether a procedure constitutes a “medical examination” under the ADA? How does the appeals court apply these factors in this case? 

3. Why does it matter whether the “psychological counseling” that the plaintiff was ordered to undergo was a medical examination? On remand, do you think that the counseling will be found to be job-related and consistent with business necessity? Why or why not?

4. What is Justice Sutton’s argument in his dissenting opinion? Are you more persuaded by the majority opinion or the dissenting opinion? Why?

5. What are some practical implications of this decision for employers dealing with employees who appear to be having emotional or behavioral problems?