Bass Berry & Sims Labor Talk

Monthly Archives: November 2012

Requiring Employee to Seek Counseling May Violate ADA

Posted in Uncategorized

The Americans with Disabilities Act (ADA) prohibits a covered employer from requiring an employee to undergo a “medical examination,” unless the examination is shown to be job-related and consistent with business necessity. The Sixth Circuit Court of Appeals recently held that an employer’s demand that an employee seek psychological counseling as a condition of continued… Continue Reading

Check Your Enforcement of Your “No Solicitation and No Distribution” Rule

Posted in Labor Board Proceedings and Practice

In a recent decision involving The Boeing Company1, an Administrative Law Judge (ALJ) for the National Labor Relations Board (NLRB) found that Boeing violated the National Labor Relations Act (NLRA) when the Human Resources manager at its North Charleston, South Carolina plant, told an employee that he could not “talk about or solicit” for the… Continue Reading