7th Circuit: Psych Exam Following Bizarre Behavior was Reasonable

With stories of mass shootings appearing in the news, employers are concerned about mental health in the workplace.  If an employee acts “strange” but does not make explicit threats, employers may be hesitant to take action. It can be difficult to know when an employee is acting “weird” or just having a bad day.  Employers can require employees to have psychiatric exams, but many don’t want to over-react and end up facing a discrimination charge or lawsuit. Under the Americans with Disabilities Act (ADA), employer-required medical exams must be “job-related and consistent with business necessity.” Given events in recent months, the risk of not requiring some employees to undergo a mental exam might result in catastrophic and preventable outcomes. According to this article, the 7th Circuit recently clarified when it’s permissible to require an employee to undergo a mental health examination. Managers and human resource professionals should take note of the case discussed in the article and the findings of the court.