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ADA and employee in counseling

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S

skywalker

Guest
I have been notified that my clearance is being revoked for several reasons including the fact that I had seen a psychologist and taken anti-depressants for a time and stopped taking them.

At the time I had difficulty with a boss who kept trying to intimidate me and threaten me to do better. I tried to tell him about my problems with being sexually assaulted as a minor and that his behavior was causing flashbacks that would hurt my performance. He said that if I really had a problem I should check into a mental institution and not be working. When I brought up the Americans with Disability act with personnel he claimed that I was an excepted employee (not subject to union bargaining) and thus "none of that employee protection bull**** applied to me and he could do whatever the hell he wanted to me" He said that if the medication was causing me problems then I should "do whatever was necessary to make sure it no longer caused problems" (i.e. stop taking the medicine) According to him exercise and discipline would help me much more. He claimed that I was trying to "pull something over on him" and "if you don't start shaping up I will see to it that you are fired."

As I predicted, my performance declined but since his retirement I have brought it back up. Eventually I did stop taking the anti-depressant when I had improved enough that it was no longer needed. One of the reasons for revoking my clearance was that I had stopped taking the medicine.

They had at one time agreed to renew my clearance on the condition that my organization monitor that I am continuing with my therapy. The Commander wrote back to them that for them to call my therapist every so often or receive a letter from him would create an undue hardship for them and that under the ADA they could not do so anyway.

My question is would verifying that I was in therapy in order for me to maintain my clearance be illegal under the ADA or an undue hardship for them? Would it not instead be a consideration that they could do?

I have been told that the organization commander wants me out because of the problems with my former boss whom he admired even though I have had no such problems with any other supervisor in my 18 years there.
 



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