How to Manage Returning Veterans with Potential Post Traumatic Stress Disorder (PTSD)

1. How to Manage Returning Veterans with Potential Post Traumatic Stress Disorder (PTSD) James B. Avey phd Central Washington University

2. Deployment Around the Globe • At present there are approximately 1.8 million personnel on active military duty • Additional 860,000 personnel active in one of seven Reserve military components

3. Extended Service Requirements • Prior to 9/11, National Guard limited deployment to no more than 6 months overseas • Due to strains after 9/11, deployment time increased to 18 months • Due to additional strains after Iraq invasion, deployment time increased to current 24 months

4. What happens when… • They come back and are reinstated at your company • There is an “episode” management believes is related to PTSD (e.g., threats, violent behavior, outbursts, chemical abuse, accident at work) • Other employees indicate concern or even fear of the reinstated veteran

5. This presentation assumes you understand… • USERRA • ADA

6. Relevant Material • In 2008 the EEOC released several letters and memorandums that describe how they view and would interpret the application of USERRA and ADA to these situations. • This presentation is that material. • The EEOC is not the final authority on such matters but they have significant expertise in this new area that may be useful to managers.

7. Veterans with Service Related Disabilities • USERRA (applied to military leave) goes further than the ADA (applies to non-military and military related disabilities) and says management must help the returning veteran BECOME qualified (e.g., training or retraining).

8. Veterans with Service Related Disabilities • Is a veteran with a service related disability automatically covered under ADA? • No. They must qualify… • Physical or mental impairment limiting a major life activity • History of such impairment • Regarded as having impairment

9. Veterans with Service Related Disabilities • If I have an AAP and would like to hire someone who is a disabled veteran can I ask in the interview if the person is a disabled veteran? • Yes. But do not ask for medical information. • Concern with asking is intentions with the answer and perception/attribution.

10. Veterans with Service Related Disabilities • Can I give preference in hiring to a disabled veteran? • Yes. The law states you can not discriminate against. You can discriminate in favor of.

11. Veterans with Service Related Disabilities • What are some “reasonable accommodations” under the ADA for people with a service related disability. • Permission to work from home • Leave for treatment, recuperation or training related to disability • Modified or part time work schedules

12. Veterans with Service Related Disabilities • How do I know if someone needs an accommodation? • Have an “interactive dialogue”. • The employee may ask for accommodation. • It may also be requested by friends, family or health professional. • It can be done orally or in writing.

13. PTSD Issues • PTSD does not grant protection under ADA. The employee must meet the guidelines discussed earlier. • Unfriendliness or even momentary hostility will not count as limiting a major life function. • Prolonged hostility and failure to communicate when necessary if related to the PTSD will likely count as disabled. (e.g., limiting a major life function)

14. PTSD Issues • A Key Issue….the person MUST be qualified for the job for ADA protection. If they are not qualified for the job with reasonable accommodation then they are not entitled to reasonable accommodation.

15. The key to questions on PTSD from the EEOC • “The ADA generally allows employers to develop and enforce conduct standards that are job-related and consistent with business necessity, such as prohibitions on violence, threats of violence, or destruction of property, as well as requirements of timeliness and attendance. Similarly, employers may prohibit insubordination towards supervisors and managers, forbid employees from yelling, cursing, shoving, or making obscene gestures at each other in the workplace, and require employees to show respect for clients and customers. Although an employer must provide reasonable accommodations to enable an employee to perform a job or to enjoy equal benefits and privileges of employment, reasonable accommodation does not include excusing a violation of a uniformly applied conduct rule that is job-related and consistent with business necessity even if an employee’s disability causes him to violate the rule. “

16. The key to questions on PTSD from the EEOC • “An employer, however, must provide a reasonable accommodation to enable an employee with a disability to meet a conduct standard in the future, absent undue hardship (i.e., significant difficulty or expense), assuming that the punishment for the initial violation is not termination and the employee has requested an accommodation. For example, if the employee at issue has a disability that causes him to lose his temper and violate a uniformly applied rule requiring courtesy toward coworkers, the employer may discipline him for violating the rule. However, assuming the discipline is not termination and the employee then requests time off to seek treatment, the employer must grant his request for a leave of absence, or some other effective accommodation, absent undue hardship, to enable him to meet the conduct standard in the future. If, on the other hand, the employee merely states that his PTSD is the cause of his volatility and inability to get along with coworkers but does not ask for a reasonable accommodation, the employer may, but is not required to, ask if the employee thinks that there is an accommodation that might help him avoid future misconduct.”

17. The key to questions on PTSD from the EEOC • Finally, when the disability or need for accommodation is not obvious, the employer may obtain reasonable medical documentation to determine if the employee’s condition meets the ADA’s definition of disability, whether and to what extent the disability is affecting the employee’s misconduct, and what accommodations, if any, may be needed.2For example, some individuals with PTSD may need longer or more frequent work breaks to cope with stress or permission to call a therapist or counselor from time to time, even though the employer generally has a policy prohibiting personal phone calls.

18. Bottom Line • Create policies and practices that… • Respect the person • Respect the person’s service • Respect the law • Protect all employees • Manages your business