Police Psych Flashcards
What was the finding in Cleghorn v. Hess (1993)?
Individuals examined by a psychologist to determine their suitability for employment were “patients” within the meaning of a statute requiring healthcare providers to make a patient’s records available for review upon requests.
What was the finding in Pettus v. Cole (1996)?
Doctor-pt relationships exist even when there is no tx involved, and the exam was performed for the benefit of the employer.
McGreal v. Ostrov (2004) upheld this
Do pre-employment candidates or fitness-for-duty evaluees have more rights to their records?
FFD - employees have property interest in the positions they hold, and depriving them of that interest often requires they be provided with a full explanation of charges and evidence leading to job termination.
Why is respondeat superior relevant in pre-employment situations?
Law enforcement agencies are liable for the actions of employees who are not properly vetted, so agencies have the right to conduct psych evals. Conte v. Horcher (1977) and McCabe v. Hoberman (1969)
What are three types of criteria commonly seen in pre-employment statutes/guidelines for police candidates?
- Exclusionary criteria: free of physical, emo, or mental conditions which might adversely affect his/her exercising the duties and powers of a peace officer
- Inclusionary criteria: Mental and emotional suitability or those traits/competencies presumed to enable safe and effective performance
- Combo of both.
Why is the ADA relevant to pre-employment police evals?
ADA allows an employer to make medical inquiries and require exams if they 1) are first given a conditional employment offer, 2) subject all employees to the same exam regardless of disability, and 3) the medical info obtained is kept confidential via restricted disclosure and access
Why is the Civil Rights Act relevant to preemployment police evals?
You can’t discriminate based on gender, race, or creed. Use unisex norms or match the norm group with the applicant’s gender
What are the two types of personality inventories used in preemployment police evals?
“Normal”: IPI, CPI, NEO PI-R, 16-PF
Abnormal: MMPI, PAI
What are two situations that often lead to a FFDE being requested?
1) Reasonable cause to suspect the employee may post a significant risk of harm to self or others in the workplace as a result of a mental condition
2) When there is reasonable cause to suspect that the employee may have a mental condition that substantially impairs their ability to perform the essential functions of the position
How are FFDE different from STD or LTD claims?
Unlike disability claims, it is the employer that puts the employee’s mental health at issue.
What is the business necessity standard?
ADA requires employers to meet this - objective evidence that job-related problems or safety threats and a known or suspected mental condition are present.
The employer should write a referral letter that outlines the business necessity standard so it’s clear that ADA threshold is met, and referral questions are clear. Note: sometimes dangerous occupations allow for eval to be ordered in the absence of performance issues.
If the referral is asking for a threat assessment, what should the evaluator look at?
1) Duration of risk
2) Nature and severity of potential harm
3) Likelihood that potential harm will occur
4) Imminence of the potential harm
What was the finding in Colon v. City of Newark (2006)?
The employer must provide the evaluator with a complete historical record. Helps with objectivity and completeness of eval.
If records are withheld by an employee, they can be terminated out of caution in some cases.
