the Appellate Division articulated the standard with which em-
ployers must comply when ordering their employees to a man-
datory psychological fitness-for-duty evaluation. The court
held that under EEOC guidelines interpreting the ADA:
[A]n employer may only require an employee to
undergo a psychological fitness-for-duty examina-
tion when the employer has a reasonable belief, ei-
ther through direct observation or through reliable
information from credible sources, that the em-
ployee’s perceived mental state will either affect his
ability to perform essential job functions or that the
employee poses a direct threat.
Interestingly, the court did not distinguish between civilian
and law enforcement employees in setting this standard, al-
though it should be noted that this case did involve a civilian
employee of the DPW. Here, the court found that the Township
of Lakewood did not have a sufficient basis to send the employ-
ee for the examination based upon an eight-month-old anony-
mous note. The court specifically rejected the Township’s claim
that it lacked the ability to investigate the anonymous note.
The court reversed the CSC decision sustaining discipline and
ordered that Williams be reinstated to employment with full
back pay. The court also awarded reasonable attorneys’ fees in
the case.
Given their unique powers and duties, a court may take a
more cautionary approach when the matter before them in-
volves a law enforcement officer. Nevertheless, this decision
does provide another line of defense for law enforcement offi-
cers who are ordered to undergo a psychological fitness-for-du-
ty examination based upon flimsy evidence or hearsay. d
James M. Mets, Esq. is a founding partner of Mets Schiro & Mc-
Govern, LLP.
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■ JULY 2018 21