NOW THIS IS INTERESTING

Mandatory referral to EAP may be “adverse action,” court says.  That is the headline of the latest blog from the folks at Constangy, Brooks, Smith and Prophete, LLP.  I am not sure why any fed would refuse to enter an EAP program given that the likely alternative is that management would take disciplinary action for the offenses that led it to propose EAP. But if one employee is ordered to go while a similarly situated employee of a different race, gender, age, etc. is not that may be illegal discrimination according to this one court. This is another one of those unusual twists in case law you might want to recall the next time a member refuses EAP.