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Post Traumatic Stress Disorder is a Protected Disability under FEHA / ADA

12/11/2014

 
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Unfortunately, many employers still don't know that Post Traumatic Stress Disorder (PTSD) is a fully  recognized disability under ADA and FEHA (Fair Employment and Housing Act). An employee suffering from PTSD may be entitled to reasonable accommodations as any other employee with the better known disabilities. Many human resources managers till this day believe that the only employee who they have to consider disabled are the ones who have several physical injuries or limitations, such as missing a limb or being wheel chair bound. This kind of extreme incompetence leads to egregious disability laws violations in both small companies and larger corporate employers. 

If you are suffering from PTSD and related psychological/mental symptoms, it is critical that you inform your employer of your medical condition, your specific diagnosis and your limitation, and request a meeting to discuss the accommodations that you might need in order to allow you to continue performing your job duties. 

Keep in mind that under the law the employer does not have to read you mind and assume that you need a particular accommodation, and not worry so much about medical confidentiality. Therefore, it is to your great benefit to share all the necessary information about your condition and limitations, so that the employer has an opportunity to explore what accommodations may be available to you and how to make sure that you are able to continue being park of the employer's workforce. And if the employer asks for further clarification of your condition and your restrictions after receiving your original medical paperwork, you should be willing to provide it.


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Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


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Photos from shixart1985 (CC BY 2.0), Ivan Radic (CC BY 2.0), Ernst Moeksis, shixart1985, Rawpixel Ltd, Ivan Radic
  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
    • Mediation Tips
    • Effective Mediator
    • Suing Current Employer
    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case