Under the Americans with Disabilities Act, employers cannot require current employees to undergo medical examinations in the absence of business necessity. In recent years, federal courts have probed the meaning of medical exams, and concluded that some reviews mandated by employers (such as employee assistance programs) do not fall within the ADA’s definition of a medical exam. Last week, the Eleventh Circuit continued this line of reasoning, concluding that professional coaching sessions required by an employer were not medical examinations.

In Carney v. Emory University, the plaintiff was a medical school physician who was required to undergo professional coaching following complaints from female staff that he had acted in an inappropriate manner. He refused to meet with the psychologist chosen by the employer for the coaching, claiming that this was a prohibited medical examination under the ADA. Following termination, he sued the university, and the federal district court dismissed the complaint on the basis that the coaching sessions were not ADA medical exams. The fact that a psychologist conducted the sessions, or that the plaintiff was asked about his general wellness did not affect this analysis.

This decision shows that employers have the flexibility to require employees facing work issues to take steps intended to address them. In the absence of traditional medical review, the fact that these sessions touch on personality issues will not convert them to prohibited medical examinations.

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