Illegal firing for failure to sign consent to receive psychiatric counseling, based o

[Exegete]

A friend has been fired by the Jackson Indian casino in Jackson, CA, for refusing to sign agreeing to seeing a psychiatrist (that the casino had already set up an appointment with). The casino based there request for a psychiatric evaluation based on the charge that the employee did not smile enough, and had passed another employee without smiling. She is in security, an excellent worker, trained in weapons use, etc. She was told they had conducted an investigation of her and had found NOTHING wrong! I realize labor laws for casinos are federal, and apparently there is the clause in the employment agreement stating discharge can be made without cause. But this is extremely serious. By signing such permission she would be jeopardizing any future employment because of any consent for psychiatric counseling, which is baseless, especially in view of the fact they admitted they found nothing negative on her as a result of their investigation. This must certainly be covered as discrimination at least.

 

[cbg]

First, Indian casinos are not always subject to the same laws as other employers.

Second, there isn't a law prohibiting an employer from requiring treatment. If the worst they can say is that she doesn't smile enough at the customers, any self-respecting psychiatrist will say, "there's nothing wrong with you" and send her on her way.

Third, no future employer is going to know about any previous counseling unless SHE tells them. It is not a matter of public record. In fact, records of any medical treatment INCLUDING psychiatric treatment cannot be given to ANYONE unless they have the patient's written consent.

No, this does not fall under illegal discrimination.