My jurisdiction is: Michigan
I currently have an open Charge of Discrimination/Retaliation with EEOC. It was filed 3 mos. ago and is in the investigation stage. During this period, the management at my company has made no secret of their hostility towards me as a result. The latest retaliation occured several weeks ago when I was called in to HR and told that I needed to undergo a Fitness for Duty psychological examination by doctors specializing in psycholgy/law - who are generally sub-contracted by companies to act as "expert" witnesses. I was given a battery of tests, and then interrogated all afternoon. This was all video-taped and all records are property of the company. My lawyer said that I needed to do this since the HR guy told me it was a "condition of employment." It felt like 'discovery" to me. During this session, the shrinks even started asking what it would take to make me feel better - ? I was verbally told that I was not a danger to myself or others - yet the following week my lawyer was informed that the report came back "unfit for duty." The company told him I was on paid leave for now. I feel humiliated by all of this. My lawyer said not to worry (?) He said that once the company forced me to take the psychiatric tests, their perception is that i am mentally disabled and therefore, I am now protected under ADA. I don't feel "protected" at all! Should I find another lawyer? If so, what would you think the proper go forward strategy of my lawyer should be?
I currently have an open Charge of Discrimination/Retaliation with EEOC. It was filed 3 mos. ago and is in the investigation stage. During this period, the management at my company has made no secret of their hostility towards me as a result. The latest retaliation occured several weeks ago when I was called in to HR and told that I needed to undergo a Fitness for Duty psychological examination by doctors specializing in psycholgy/law - who are generally sub-contracted by companies to act as "expert" witnesses. I was given a battery of tests, and then interrogated all afternoon. This was all video-taped and all records are property of the company. My lawyer said that I needed to do this since the HR guy told me it was a "condition of employment." It felt like 'discovery" to me. During this session, the shrinks even started asking what it would take to make me feel better - ? I was verbally told that I was not a danger to myself or others - yet the following week my lawyer was informed that the report came back "unfit for duty." The company told him I was on paid leave for now. I feel humiliated by all of this. My lawyer said not to worry (?) He said that once the company forced me to take the psychiatric tests, their perception is that i am mentally disabled and therefore, I am now protected under ADA. I don't feel "protected" at all! Should I find another lawyer? If so, what would you think the proper go forward strategy of my lawyer should be?