The Americans With Disabilities Act (the “ADA”) and the Americans
With Disabilities Act Amendments Act (“ADAAA”) provide much
needed protections for certain “qualified individuals” to
ensure they do not suffer job discrimination as the result of a disability
or perceived disability.
The ADA also prohibits disability harassment and retaliation against you
for complaining about disability discrimination or for participating in
someone else’s disability discrimination case.
However, not all injuries, illnesses or even medically defined disabilities
are covered by the ADA and the ADAAA. The ADA projects a specific class
of individuals-qualified individuals with a disability. A qualified individual
with a disability is an individual with any medical, physiological, or
psychiatric condition that substantially limits a major life activity.
If you have questions about whether you are covered by the ADA/ADAAA it’s
a good idea to meet with an experienced
Georgia disability discrimination lawyer to discuss your matter.
The ADA/ADAAA provides a variety of protections, including prohibiting
employers from requiring employees undergo medical exams to determine
“whether such employee is an individual with a disability or as
to the nature or severity of the disability, unless such examination or
inquiry is shown to be job-related and consistent with business necessity.”
A recent case from the 6th Circuit determined that the rights of an ambulance
driver were violated when the ambulance agency required that she attended
psychological counseling. In
Kroll v. White Lake Ambulance Auth., a female ambulance drive – Emily Kroll – began working for
WLAA as an emergency medical technician in 2003. Shortly after, her supervisor
began receiving reports of agency employees’ concerns about Kroll’s
well being after she became romantically involved with a co-worker. The
agency also received a complaint that she had screamed at a “male
acquaintance” on the phone while driving a vehicle that contained
a patient and was in emergency status. A supervisor told Kroll she needed
to attend counseling to continue working. However, she refused due to
the out of pocket costs and left her job. Kroll then sued the agency under
the ADA asserting that forcing her to attend counseling violated ADA’s
prohibition against requiring medical examinations.
The court looked to the EEOC for guidance, which defines “medical
examination” as a “procedure or test that seeks information
about an individual’s physical or mental impairments or health”
and provides seven factors for assessing whether a test amounts to a “medical
examination.” Those factors include whether the test is administered
by a health care professional, is interpreted by such a professional,
is aimed to reveal a physical or mental health impairment, is invasive,
measures an employee’s performance of a task or physiological responses
to such performance, is typically given in a medical setting, or involves
A single factor “may be enough” to find that a test is medical.
Based on an analysis looking at all of these factors, the court found that
it was possible a jury could determine the agency violated Kroll’s rights.
For more information about the ADA/ADAAA or if you believe you may have
been discriminated against based on a disability, please contact the top
Georgia disability attorneys at The Buckley Law Firm, LLC for an immediate consultation.