Is it Discrimination to Call Someone a Psycho?
The Situation: An employee is a veteran who suffers from PTSD. His supervisor refers to him as a “psycho” to some of his co workers on a number of occasions. Could this constitute discrimination?…READ MORE
Depression and the ADA According to the EEOC
The Situation: Mental health conditions, including depression and PTSD, can trigger protection under the ADA. Employers are prohibited from discriminating against employees based upon these conditions and also must provide reasonable accommodations to employees as necessary. But what does this mean in reality?…READ MORE
No USERRA Claim Where Vet Terminated Based on Threats Made Against Co-workers
In a recent decision, a judge in the Eastern District of Virginia dismissed the claims asserted by a United States Army veteran with PTSD that his employer had terminated him in violation of both the Uniformed Services Employment and Reemplyoment Rights Act (“USERRA”) and the Americans with Disabilities Act (“ADA”). Williamson v. Bon Secours Richmond Health System, Inc., Case No. 3:13-cv-704 (July 28, 2014). In this case, other employees had reported that the plaintiff had made a number of threatening statements about taking violent actions against co-workers. The court found that the employer was entitled to judgment as a matter of law on plaintiff’s claims of discrimination under USERRA and the ADA and his failure to accommodate claim under the ADA.…READ MORE