Our team learned this week how to differentiate between types of discriminatory issues and knowing the legal considerations linked to it. This knowledge proved to be beneficial in the team’s decision on how to tackle option one of this week’s team reflection exercise. As a senior manager of a prominent security company, it is important that I look out for the company’s integrity in maintaining its mission of maintaining order, protecting property and the use of deadly force.
One of our employees, Joe who recently returned from a successful two years boots in ground deployment in Afghanistan is suffering from Post Traumatic Stress Disorder (PTSD). His mental health provider made this diagnosis along with depression, anxiety, and anger issues. As the senior person in-charge of Joe, I have to make a tough decision whether to recommend if Joe should remain in or resign from the company. Joe is one of the few American heroes who selflessly served their country and in the process saw horrifying events and circumstances. It is not Joe’s fault for acquiring PTSD.
His condition is not an excuse or ground for his termination. The senior manager must ensure that this does not happen to Joe. If anything, Joe should receive praise for stepping up and admitting he has post-deployment issues. By doing so, he made the first step to his recovery. Our company of whom 90% of employees are either military retirees or veterans will stand behind Joe a 100% of the time. Our company is proud of our nation’s heroes. We hold U. S. Coast Guard’s and reservist’s jobs until their return from deployment in compliance with the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).
We also offer transition support programs for our returning warriors. Our company signed a Statement of Support pledge through the U. S. Department of Labor stating that: 1. We recognize, honor, and enforce USERRA. 2. Our managers and supervisors will have the tools they need to manage effectively those employees who serve in the Guard and Reserve. 3. We will recognize continually and support our country’s Service Members and their families in peace, in crisis, and in war (USERRA Report, p. 3). The manager is pleased to see Joe in one piece and ready to go ack to the civilian world. However, the manager must ensure he is physically and mentally ready to perform the task. Joe’s supervisor has an obligation to protect the company and its clients. Therefore, he or she may be worried that Joe’s PTSD, depression, anxiety, and anger issues pose as a potential legal risk or incident waiting to happen. Joe’s psychologist will have to clear him to carry a weapon until he goes back in the field. He will have to work in administration temporarily until that time comes. Joe understands this process as a professional security provider.
He signed numerous documents during his initial employment through human resources department detailing the legal aspects of carrying a weapon and the use of deadly force. The company lawyers have reviewed these documents and deemed it is in accordance with the Equal Employment Opportunity Commission (EEOC), the federal agency responsible for enforcing most federal antidiscrimination laws (Cheeseman, 2010). In 2012, EEOC reported nearly 100,000 job bias charges and their commission obtained $365 million for victims of workplace discrimination (US EEOC, n. d. ).
The new employees’ sign a fine print specifying that certain medications and medical condition such as psychotropic drugs and “unresolved PTSD” will disqualify the member from carrying a deadly weapon out on the field. As a professional, the manager would expect Joe to adhere to the company’s rules and regulations. In summary, even if his medical issues or license to carry takes years to resolve our company will stand by and fully support Joe no matter what. By doing so, our company conscientiously does the right thing for our Nation’s heroes, and this action makes good moral and business sense.
Cheeseman, H. R. (2010). Chapter 33: Equal opportunity in Employment. Business law: Legal environment, online commerce, business ethics, and international issues (7th ed.). Upper Saddle River, NJ: Prentice Hall. ISBN: 9780136085546. Copyright © 2010 Pearson Education. Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) FY 2011. (2012, July). Annual Report to Congress. Retrieved from: http://www.dol.gov/vets/programs/userra/ U.S. Equal Employment Opportunity Commission. (n.d.). Retrieved from http://www.eeoc.gov/#