A newly published decision from New Jersey’s intermediate level appellate court answers a question of first impression in New Jersey: under what circumstances should an employer order a psychological fitness-for-duty examination for an employee based upon a co-worker’s complaints or suspicions?

Yesterday, in In the Matter of Paul Williams et al., the Court considered the issue of whether an employer’s order that an employee undergo a psychological examination to determine his continued fitness for duty was reasonably justified under the Americans with Disabilities Act (ADA), 42 U.S.C.A. §§ 12101- 12213, where the employer relied exclusively on an anonymous letter from a co-worker.