The Americans With Disabilities Act prohibits medical examinations including psychological examinations, “unless such examination or inquiry is shown to be job-related and consistent with business necessity” 42 U.5.C.12112(d)(4)(A). In Mr. Zimmerman case, the Independent Psychological Examination (IPE) was not job-related and consistent with business necessity because it was outside the SEAP Program’s own Guidelines in that a) it did not relate to the employee’s performance on the job and b) it did not relate to the safety and health of those in the workplace. Accordingly, the IPE which was forced upon Zimmerman at the threat of termination violated the Americans With Disabilities Act because the Plaintiff was regarded as mentally disabled and the inquiry was not job-related or consistent with business necessity. Indeed, its purpose was to separate Zimmerman from his employment for which he had a liberty and property interest. Moreover, the SEAP program—both on its face and as applied to the present facts— violated procedural due process protections guaranteed by the Fourteenth Amendment to the United States Constitution. Where there is to be a deprivation of a property interest in employment, the state actor is required to hold a pre-termination Hearing in order to provide the individual with required procedural due process protections. The state procedures accompanying the deprivation of Zimmerman’s liberty and property interests in his employment were clearly constitutionally infirm, in that the SEAP- contracted provider — working in combination with these Defendants — served as prosecutor, judge and jury. There was no mandated pre-termination Hearing. Thus, not only were the state processes inadequate to protect the due process rights of individuals like Plaintiff Zimmerman, they were wholly unavailable within the four corners of the SEAP’ Program Rules, Procedures and Guidelines. Mr. Zimmerman rights protected him by the United States Constitution and federal law were violated through means of the SEAP program. We request that Randy S. Zimmerman be reinstated in his employment with the Commonwealth Of Pennsylvania with back pay. Please add your signature below.

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