The Availability of Rule 35 Mental Examinations in Employment Discrimination Cases

This article explores the application of Federal Rule of Civil Procedure 35 in the context of employment discrimination litigation, specifically its use to compel mental examinations of plaintiffs who allege emotional distress. It addresses the legal standards courts use to determine whether a plaintiff’s mental condition is “in controversy” and whether “good cause” exists for ordering an examination. Through a comprehensive review of case law and procedural developments, the article demonstrates the inconsistencies in judicial approaches and the implications for litigants. It proposes a more uniform standard to guide courts and ensure a balanced consideration of plaintiffs’ privacy rights and defendants’ need for discovery.