Dallas, TX asked in Employment Law for California

Q: my manager threw my PTSD in face during an argument we had. I am trying to figure out what are my options

His word were along the lines of. Based on our past conversation, I never know which person I am going to get. You are always having your ups and downs. And I am just not sure which mood I am going to catch you. It makes it really hard

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2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: An employer telling you that it is having a hard time dealing with you is not unlawful or inappropriate. Your post does not even say that the employer used the term PTSD. There is nothing wrong with an employer complaining about your moodiness at work.

If you have a PTSD diagnosis and there are certain restrictions that you must work around to be able to do your job, you need to get a doctor's note indicating what those restrictions are and what the employer can do to reasonably accommodate those restrictions. If there are reasonable accommodations that would allow you to continue to do your job, the employer would have a duty to then provide those accommodations.

I am sorry you are dealing with PTSD. I know it must be difficult. However, you need to be sure that your employer is allowed to understand what it can do to assist you, if anything can be done.

Good luck to you.

Niran Grimberg
Niran Grimberg
Answered
  • Licensed in California

A: Under the Fair Employment and Housing Act ("FEHA"), it is unlawful for an employer of five or more employees to harass, discriminate, or retaliate against an individual based on a disability. If your manager knew about your PTSD, that would be considered a disability. At that point, it is incumbent upon the employer to engage in what is known as the good faith interactive process, wherein the employer has a conversation with the individual to see if any accommodations are needed, and if that accommodation is reasonable.

Based on these vague facts, if your manager knew about your PTSD and was harassing, discriminating, or retaliating against you (this would depend on all of the surrounding circumstances), that would be unlawful, and you may have an actionable legal claim against your employer. I recommend consulting an employment attorney (most give free consultations) for the attorney to assess your potential claims, based on what you posted.

Best of luck.

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