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: http://www.eeoc.gov/federal/fed_employees/filing_complaint.cfm
Kirk Adams : The administrative complaint is usually a pre-requisite before filing suit, so it would need to be done.