See also: Medical Separations – Right to Hearing; Physical Impairments: Termination
     Federal Circuit vacates a Merit Board decision terminating an employee with a mental impairment. When mental impairment or illness is reasonably substantiated, and is shown to be related to the ground of removal, it must be taken into account when taking an adverse action against an employee.  The court noted that “mental impairment” is included among the Douglas Factors that must be considered in assessing the reasonableness of the penalty Malloy v. U.S. Postal Service, #2008-3117, 2009 U.S. App. Lexis 19000 (Fed. Cir.).
     A California county settles an employee's PTSD disability discrimination complaint for $425,780. Cal. FEHC ex rel. Gundy v. Tulare Co., #E98-99-H-0120-00, 38 (1866) G.E.R.R. (BNA) 722 (Cal. FEHC). [2000 FP 121]
     City not required to reinstate an employee who refused counseling and incessantly talked about the woman who had severed her husband's penis. Walton v. City of Manassas, Unpublished, #97-2702, 1998 WL 545895, 1998 U.S. App. Lexis 19169 (4th Cir.). [1998 FP 168-9]
     Federal appeals court declines to reinstate a mentally ill worker who repeatedly threatened to kill her superior. Palmer v. Cir. Ct., 117 F.3d 351 (7th Cir. 1997). [1997 FP 168]
     Colorado Supreme Court allows evidence of a mental disorder to reduce punishment for repeated acts of misconduct. People v. Lujan, 890 P.2d 109 (Colo. 1995). [1995 FP 166-7]
     Police officers acted properly in taking into protective custody a terminated officer who expressed a desire to kill those coworkers who caused his dismissal. Higgins v. City of Oneonta, 617 N.Y.S.2d 566, 208 A.D.2d 1067 (1994). [1995 FP 137-8]
     Justice Dept. not required to retain a paranoid Deputy U.S. Marshal who could not be trusted with a firearm. Lassiter v. Reno, 885 F.Supp. 869, 4 AD Cases (BNA) 609 (E.D.Va. 1995). [1995 FP 137]
     Oklahoma supreme court denies disability benefits to an undercover police officer who suffers from job-related Panic Disorder and Agoraphobia. Job pressures of police officers resulting in disabling psychological conditions are not compensable. Osborne v. Okla. City Police Dept., 882 P.2d 75 (Okla. 1994). [1995 FP 105-6]
     Federal appeals court concludes that a police officer may not challenge, through litigation, an involuntary psychiatric separation prior to the final decision of the medical board. Coffran v. Bd. Trustees N.Y.C. Pension Fund, 46 F.3d 3 (2nd Cir., 1994). [1995 FP 89]
     Appellate court sustains termination of corrections officer for her underlying psychological deficiencies, and not because she sought treatment in an employee assistance program. Butler v. Abate, 612 N.Y.S.2d 19 (A.D. 1994). {N/R}
     Tenured NYC police sergeant was entitled to a pre-deprivation adversary hearing to contest his separation for a psychiatric disability. Coffran v. Bd. of Tr., N.Y.C. Pension Fund, 842 F.Supp. 723 (S.D.N.Y. 1994). [1994 FP 151]; Reversed! See 46 F.3d 3 (2nd Cir. 1994).
     Former Chicago police officer was unsuited for employment with another police agency because of a “narcissistic character disorder.” Even if the applicant was disabled under the Illinois Human Rights Act, he was not suited for police work with those traits. Roulette v. State Human Rts. Cmsn., 628 N.E.2d 967 (Ill.App. 1993). {N/R}
     Placement of an officer on an indefinite leave of absence due to a finding of mental unfitness, even if not amounting to a discharge, constitutes a deprivation of a property interest. Considering, however, the public interest in removing unfit officers from active duty, the city was not required to conduct a pre-deprivation hearing. Post deprivation proceedings were sufficient to satisfy due process. Bauschard v. Martin, 1993 WL 79259 (N.D.Ill. 1993). {N/R}
     Chicago police officer was not entitled to a hearing when he was involuntarily placed on sick leave for psychological reasons. Involuntary sick leave is not a “suspension,” and does not trigger the procedural protections established by Illinois law. Swick v. City of Chicago, 1993 U.S. App. Lexis 31532 (7th Cir. 1993). {N/R}
     Federal court directs a judgment for the DOJ, rejecting the sexual harassment claims of a woman FBI Agent who was removed from active duty because of a disabling mental illness. Sudtelgte v. Reno, 63 FEP Cases (BNA) 1257, 1994 U.S.Dist. Lexis 82 (W.D.Mo.). [1994 FP 103-4]
     City could require a police officer, on medical leave for attempted suicide, to release her psychiatric records before reinstating her to full duties. Disclosure requirement did not violate the A.D.A. Thompson v. City of Arlington, 838 F.Supp. 1137 (N.D.Tex. 1993). [1994 FP 77-8]
     Georgia appeals court affirms denial of a disability pension to a firefighter suffering from anxiety and depression. Washington v. Georgia Firemen's Pension Fund, 438 S.E.2d 118 (Ga.App. 1993). {N/R}
     FBI did not have to “accommodate” mentally ill employee who hallucinated, lied and engaged in sex in Bureau offices. Hogarth v. Thornburgh, 833 F.Supp. 1077 (S.D.N.Y. 1993). [1994 FP 56-8]
     Illinois appellate court upholds termination of officer who was not psychologically stable enough to continue police employment. Swanson v. Bd. of Police Cmsnrs., 197 Ill.App. 592, 555 N.E.2d 35, cert. den., Ill. Sup. Ct. (1990).
     Boston Police Dept. violated a state mental treatment law by asking about an officer's prior hospitalization for mental illness. Court would not create an exception for persons expected to carry firearms. Kraft v. Police Cmsnr. of Boston, 410 Mass. 155, 571 N.E.2d 380, 2 AD Cases 955 (Mass. 1991). Note: this pre-A.D.A. case would be decided the same under the Act. [1992 FP 41-2]
     Police officer wins back pay, following her termination for non-duty related depression. Jury found her anxiety was caused from an assault by another officer. [Eleanor Jean] Missiewicz v. Town of Webster, Mass., Worcester Co. Super. Ct. (7/23/90). [Webster Times, 7/25/90 p. 2).
     Appellate court reverses finding that officer who simultaneously maintained two relationships with different women (and who fathered a child with both) was psychiatrically unfit for police duties. Allen v. Police & Firef. Retir. and Relief Bd., 560 A.2d 492 (D.C. App. 1989).
     Teacher could be discharged when evidence showed possibility of repeat of psychotic episode and harm to students. In Re Johnson, 415 N.W.2d 751 (Minn. App. 1987).
     Bus driver's mental breakdown caused by fear of losing job was not compensable injury. LaPare v. Industrial Com'n of Ariz., 742 P.2d 819 (Ariz. App. 1987).
     Physical injury giving rise to mental or nervous disorder need not be disabling for compensation to be paid for psychiatric condition. Sheppard v. City of Gainesville Police Department, 490 So.2d 972 (Fla. App. 1986).
     Attempted suicide sufficient grounds to terminate a police officer, but not adequate to warrant termination of other public employees. City of Greenwood v. Dowler, 492 N.E.2d 1081 (Ind.App. 1986).
     See also: Handicap Discrimination; Psychological Exams and Standards; Stress-Related Claims/Defenses.