Kroll v. White Lake Ambulance Auth., No. 10-2348 (6th Cir. 2012)
Annotate this CaseIn 2003, Kroll began working for WLAA as an Emergency Medical Technician and was considered to be “good employee” by her direct supervisor, Binns. After Kroll became romantically involved with a co-worker, the office manager, Dresen, received reports of concerns from WLAA employees about Kroll’s well-being. Kroll maintains that Dresen “requested” that Kroll “receive psychological counseling.” Later, Binns told Kroll that he had received a complaint and was concerned about Kroll’s ability to perform her job safely; he told Kroll that she must attend counseling in order to continue working at WLAA. Kroll told Binns that she would not attend the counseling, left the meeting, and did not return to work at WLAA. In Kroll’s suit under the Americans With Disabilities Act, 42 U.S.C. 12112(d)(4)(A), the district court entered summary judgment for WLAA. The Sixth Circuit vacated. Kroll presented sufficient evidence such that a reasonable jury could conclude that the “psychological counseling” Kroll was instructed to attend did constitute a “medical examination” under the ADA, although WLAA may still be entitled to judgment if such counseling was “job related” and consistent with “business necessity.”
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