Legal Question in Employment Law in North Carolina

Therapy as Job Requirement

I am HR manager for a mental health agency and I have an employee who has been exhibiting unstable mental behavior. It is obvious that he needs to process issues in his own life and could greatly benefit from therapy. Can I require it as a condition of continued employment?


Asked on 1/21/02, 2:46 pm

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby

Re: Therapy as Job Requirement

You probably should consult with an employment lawyer about this one, but in general, if you are a private employer, the only concern I can think of would be the ADA (Americans With Disabilities), which would, in general, prohibit discrimination (probably including the imposition of a requirement of therapy) on the basis of a disability, which could include certain mental conditions, absent a bona fide occupational qualification or some sufficient justification. It's not clear, however, that his condition constitutes a "disability," and it would seem that it is reasonable for the employer to ensure the mental stability of its employees, at least where that affects his/her work or the work of others. You probably, however, want to play it safe and not risk runnin afoul of the ADA. And, if you are state agency, the employee may have additional rights.

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Answered on 1/21/02, 6:22 pm


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