Mandatory EAP Referral Under Scrutiny in Disability Bias Case

The EEOC filed an amicus brief in Scheer v. Sisters of Charity of Leavenworth Health System, arguing that the Sisters of Charity of Leavenworth (SCL) regarded plaintiff Bethany Scheer as disabled and took prohibited actions based on her perceived mental health issues. The EEOC claims that the mandatory employee assistance plan referral and subsequent termination could be actionable discrimination under the legal reasoning in Muldrow v. City of St. Louis.

Scheer, an SCL employee, was placed on a performance improvement plan that included a referral to mental health services. After raising privacy concerns, she was fired. As a result, she sued under the Americans with Disabilities Act (ADA) and Rehabilitation Act, alleging discrimination and retaliation. The trial court sided with the employer, but on appeal, the EEOC argued that a reasonable jury could find discrimination and that the Supreme Court’s Muldrow decision invalidated the legal basis the trial court used, mainly the need for significant adverse employment actions. The EEOC contends that the same logic applies to the ADA, making the mandatory referral based on a perceived disability an actionable claim under the ADA.