Ptsd Discrimination Cases

[ven1047]

Hello, this is my first post and I could really use some help.

After working as a police officer for nearly 8 years, my employer went on a witch hunt against me nearly 2.5 years ago. In the course of that witch hunt I was diagnosed to have work related PTSD (which I wasn't even aware of at the time). My employer attempted to fire me at the time, claiming that my PTSD was not work related, but ultimately settled with me--thus placing me back on the payroll.

Since that time I have been working hard with my psychologist to learn effective strategies to cope with my PTSD and return to my profession. Two weeks ago, I was informed by my psychologist that I seemed to be managing my symptoms very well and, after a little testing, he is anticipating releasing me to return to work full duty.

I was informed today by my union rep that "there is no way they will allow me to return full duty (no matter what my psychologist says) because my PTSD makes me a liability, and they will never let me wear a gun again." Instead, I'm being told that they will force me to do menial/light-duty-style labor (and he even said in the past that they will "make my life hell in light duty capacity" if I refuse to take a small settlement and resign). I don't want to resign or take a small settlement. I want to do my job and support my two small children.

Obviously, this is discrimination and a violation of the ADA (to refuse to let me work based on their own ignorance about PTSD, in spite of a professional medical opinion that I'm capable of performing the duties). My question to you is this:

Are any of you aware of similar cases of discrimination? I'm especially interested in documented court cases where a capable officer was stripped of his duties because of PTSD. If you can share links to any such cases or offer advise, I would really appreciate it.

It's hard enough to deal with PTSD WITHOUT your employer constantly attacking you, threatening you, and piling extra stress on top of it. I'm successfully handling my PTSD...now I need help successfully handling my employer.

Sincerely,

-mikeC

 

[Mandy Tad]

Hi Mike,

Welcome to the forum. May sound like the wrong suggestion to you, please do not take me the wrong way.. can you look for another job, its not about your capability or anything else. I know where you are coming from, I too would like to go back to what I was doing before but walking away on focusing on something else may be more helpful than trying to fight back. In your last line you said it is hard enough already, why make it harder.
By all means if you feel this is the best option for you go for it then.

 

[ven1047]

No offense taken. I'd LOVE that option if the job market wasn't so bad and I'm searching hard. I used my two years off to earn an MBA, but I still can't find anything. Definitely not eager to walk away from a good paying job with fantastic benefits and a good/early retirement. I need the job security to provide for my two young kids (not that my employer has shown one iota of concern about me or them throughout this whole ordeal). I feel like sticking it out and fighting tooth and nail is my only option. Plus, my employer has put me through a lot of grief (you wouldn't believe the whole story if I could tell it). Nothing could make me feel more victorious than triumphantly returning to my job with my PTSD behind me and my head held high.

 

[Mandy Tad]

Your health is most important. The job market is very difficult, I know what you mean. I have been looking for work for a long time too. Especially with my injury I cannot work full time and companies would rather have someone who is healthy. I just had a company call me dishonest when I did not disclose my injury in the 1st interview. Yes I know that feeling,of wanting to return to your old job with your head up high. I too wanted to, but realized at the end I was only hurting myself. You are stronger than me. I am so glad you kept yourself busy studying, MBA well done.

 

[Shellbell]

Sadly there is a lot of PTSD within the Police Force - Police officers are exposed to repeated traumatic and life/death situations. It's SO wrong that you aren't supported in this. Makes me really angry. I'm sorry this is happening to you.

Finding another job is a solution, but I do understand the need with a family to keep secure work. I don't really have any advice, but just wanted to show my support.

 

[mamachick]

I do not know about any cases of discrimination and the law. I do not know if all police depts have the same standards but do know that a local police officer went to couples counseling and the therapist said that he was bi-polar. However, if he took meds, he would not be permitted to carry a weapon. Therefore, he never sought the help that he needed. So basically, bi-polar illness prevent one from being in LE. Even though once medicated, the officer may be very stable, the dept. has a right to ensure the security of the public.

The officer never told anyone that he was diagnosed as bi-polar and the records were private, therefore he continued to work until he made a big mistake. He was manic and fondled a young woman in front of a video camera in uniform and on duty. This got him fired for good.

There are some illnesses that do not belong in some professions. Im not saying that is your case. I could not work in LE due to my symptoms. I also cannot return to my profession as it is very toxic for me until, if ever, I am much more healthy. Im sorry for your dilemma

 

[quaintpapercut]

Hi - as someone said ptsd is common within police forces. Have you tried going to websites for various veteran ombudsman's or police associations? I know it is common for reports or recommendations to be made as it relates to treatment/accommodating members.

 

[anthony]

Unfortunately Mike, it isn't discrimination about PTSD and the gun. In fact your employer could be sued as negligent if you drew your gun and it was linked to misjudged thinking or anger due to PTSD. If they didn't know about it... they're not at fault. They do though, so they have a duty of care to the public.

The first thing I was removed from in the military was the carriage of any weapon, upon immediate diagnosis. End of the day, whilst I didn't like it, I had to accept they also had a duty of care. PTSD is a mental illness and does cause from minor to severe reactions. A person snaps far more easy with PTSD than without. There are a long list of proven issues from PTSD that outweigh discrimination being viable.

Unfortunately, I tend to agree with your employer that you would be limited to light duty type stuff if remaining employed with them. It would be discrimination if they sacked you, however; it wouldn't be discrimination if they sacked you because you could no longer perform the duties of employment, nor if there was another lesser role you could fill that didn't require the carriage of a weapon.

This is how the military get away with it, because there is no role in the military that doesn't require you to deploy into a hostile zone, thus carriage of a weapon is required. If a military didn't factor in the mental health of their soldiers, they would be negligent if a soldier went on a shooting rampage against the enemy, or worse, their own troops, because someone pissed them off. It happens.

Once diagnosed, it should also be impossible to obtain a gun license for the same reasons.

Should there be a time frame if you no longer meet the diagnosis and it is removed? Absolutely. IMHO, if you no longer have symptoms for x years, IMHO, the diagnosis and any restrictions should be removed completely. I think someone diagnosed, recovers, then is prejudiced after x years without any issues, that could be discrimination / prejudice. Its like insurance companies putting time frames on health issues, i.e. they may not insure your life if you sought alcohol treatment in the last 10 years. Once you have had no alcohol issues though for that period, they will gladly insure you. It allows any medical issues to show after that time as to the level of risk...