Employment Evaluations and the Law
In the previous chapter, we addressed psychiatrists’ and psychologists’ professional ethical obligations to third parties who contract for disability and disability-related evaluations, to the subjects of these evaluations, and to the courts and administrative tribunals asked to resolve relevant disputes. In this chapter we address the legal obligations attendant upon these evaluations. Psychiatrists and psychologists should also be familiar to both. Ethical codes describe what the majority of a profession expects of its members and may be based on the same moral principles as the law (Bersoff, 1995). However, ethical and legal obligations may be congruent or incongruent. Ethical codes do not bind the law (i.e., legislatures, courts, agencies), which may have different expectations on any given issue based on a different moral perspective.