Q. Can we require an employee to receive psychological counseling or treatment if his behavior has become a hindrance to his job performance? —N.M., Kansas
A. No, you can't require employees to receive any medical treatment—psychological or otherwise—as a condition of continued employment. But you're not without recourse. Even if an employee is protected by the ADA (i.e., he/she has a mental condition that rises to the level of a “disability”), that employee is still subject to discipline, up to termination, if he or she violates your policies regarding misconduct.
Final tip: Remember the “golden rules” of employee discipline: evenhanded enforcement and careful documentation.
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