Legal Question in Disability Law in California
Is Post Traumatic Stress Disorder a Disability?
Can PTSD be considered a short term disabiltity?
At a previous employer, a DOD agency, I was subjected to sexual harassment, harassment in general, and physical assault. I filed an EEO complaint, and it is now in the settlement phase.
I left a year ago by accepting a position at a lower rank and salary within a related DOD agency. Many requirements of the job remind me of the previous position, and I have had difficulty overcoming the flashbacks and anxiety attacks. I am currently on medication to help.
I am a manager, and the ''triggers'' generally are related to executing adverse personnel actions. Although I can rationally see they are justified, because of the past experience, to long to go into here, I cannot handle it, and I regress. I cannot function as a manager if I cannot deal with this part of the job. I am willing to ask my employer for a reasonable accomodation, yet, I cannot think of what a reasonable accomodation might be.
I would appreciate any insight on this matter.
3 Answers from Attorneys
Re: Is Post Traumatic Stress Disorder a Disability?
PSTD is both a short term and long term disability. There are better protections under California law however you cannot avail yourself to them because you are a federal employee. One good thing you have going for you is that you should have brought your complaint under Section 501 of the Federal Rehabilitation Act. Section 501 required that the federal government engage in affirmative action in the hiring and accommodating of persons with disabilities.
Reasonable accommodations you can ask for is a non-managerial position until you get the problem under control, transfer to a completely different agency, or assistance in performing managerial functions. Section 501 is a very powerful tool in assisting persons with disabilities.
Re: Is Post Traumatic Stress Disorder a Disability?
Mental and emotional problems such as described are arguably covered by ADA. Your doctors will be the source of the definition for the needed accomodation. Contact me if you want to discuss how to pursue a failure to accomodate claim.
Re: Is Post Traumatic Stress Disorder a Disability?
Under state and federal disability laws, a qualified disabled person must be able to perform the essential functions of their job, with or without reasonable accommodation.
Given the nature of the problem you describe, it is difficult to imagine what accommodation can be arranged that would enable you to continue performing the essential functions of your job.
Nevertheless, you should request some interactive dialogue with your employer to try to determine what options may be available to you. It would help to get some recommendations from your physician and to do some research first. Then have a list of suggestions in mind when you present this to your employer.
This should be an ongoing process designed to determine how you can best do your job, despite your restrictions.
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