The evaluation found no clinical pathology – yet the employer still fired her
A Tennessee appeals court reinstated a sheriff's sergeant after ruling her employer wrongly relied on a flawed fitness-for-duty psychological evaluation to justify termination.
In a March 23 decision, the Court of Appeals of Tennessee at Jackson reversed a lower court and upheld a local civil service board's order reinstating Vatisha Evans-Barken to her position with the Madison County Sheriff's Department – a conclusion that could leave the county on the hook for up to a decade of back pay.
The case traces back to 2014, when Evans-Barken, who had risen to the rank of Sergeant and held Peace Officer Standards and Training (POST) certification, requested medical leave. After she exhausted her FMLA leave, the department terminated her. A civil service commission reversed that termination, and a court affirmed the reversal in early 2016.
When Evans-Barken attempted to return, then-Sheriff John Mehr required her to undergo a psychological evaluation because she had been away from active duty for more than six months. The department hired Dr. Emily Davis, a licensed psychological examiner, to conduct the assessment.
That evaluation is where the trouble began – and where the case carries its sharpest lessons for HR professionals.
Dr. Davis's testing included a brief conversation lasting ten to fifteen minutes, an intake form, and several hours of computer-generated test questions. Her report noted that...
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