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Roger, Attorney
Category: Legal
Satisfied Customers: 26335
Experience:  Litigation Attorney
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I have been diagnosed with PTSD, and I am a combat disable

Customer Question

I have been diagnosed with PTSD, and I am a combat disable veteran with a disability level of 90%. I had a situation at work where conflicting guidance caused me to become emotionally distraught and strike the floor 5 times with a plastic hammer to release frustration. I am now under investigation for work related violence.

Earlier, I have described conditions at work that are descriptive of a hostile work environment, discrimination against a protected employee under the ADA, and other instances where senior leadership has made my work environment very difficult to deal with. I once describe my working conditions as being like a prostitute, having no visible means of support.

I attempted to apply to a job with less stress within the company, and was denied the opportunity to do so. I have not received constructive feedback in the last 6 months, but was told that no one at my job site would support me applying to a different job, especially one that provided me with a promotion. I only talked to my operations and senior operations manager after speaking to the hiring manager and being urged by him to apply since they needed the position filled immediately.

I'm worried that I will be terminated on Monday, and want to know what legal recourse I have with my soon to be former employer?
Submitted: 11 months ago.
Category: Legal
Expert:  Roger replied 11 months ago.

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question. I'll be glad to assist.
Kirk Adams : According to the Equal Employment Opportunity Commission (EEOC), people with PTSD usually are considered to be disabled under the ADA because of the inherent nature of PTSD limits or alters brain function.
Kirk Adams : Title VII of the Civil Rights Act prohibits discrimination in the workplace due to discrminiation based on race, sex, age, disability or religion.
Kirk Adams : Thus, IF you are terminated because of your PTSD diagnosis, then you could potentially sue for discrimination and seek damages as a result.
Kirk Adams : You can't get your job back, but you can sue for damages.

What recourse do I have if placed on a Process Improvement Program or being terminated from my position if my employer had prior knowledge of my concerns over discrimination and hostile work environment?

Kirk Adams : Your recourse is to sue for discrimination based on your disability.
Kirk Adams : You have the right to sue and claim that you have been discriminated against because of your disability, that the employer didn't try to accommodate your disability, and you can seek damages.

ok, is that all I can do?

Kirk Adams : You can first file a complaint with the EEOC and try to resolve the matter through the administrative process. Here's a link to how to file a complaint with forms:
Kirk Adams : The administrative complaint is usually a pre-requisite before filing suit, so it would need to be done.
Roger, Attorney
Category: Legal
Satisfied Customers: 26335
Experience: Litigation Attorney
Roger and 7 other Legal Specialists are ready to help you
Expert:  Roger replied 11 months ago.
The EEOC investigators and staff attorney(s) will assist you with getting the matter moving. You can check the EEOC website for the nearest EEOC office.

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