Bipolar II return to duty law enforcement

Status
Not open for further replies.
I

Imjin_Scout

New Member
I was diagnosed bipolar II two years ago. I work in federal law enforcement, and just recently was cleared for return to full duty w/o restrictions this summer. However, the Federal Occupational Health Dr. also stated that it was "highly encouraged" that I ensure I take my prescribed medications.

The issue now is... my employer is attempting to make it a condition of my employment/return to duty that I provide a weekly statement that I am taking my medications, monthly statement that I am keeping appts with my psychiatrist and psychologist. Is this legal? My last supervisor had diabetes and required daily insulin shots. He was never required to provide written statements to the agency that he was taking his medication. Any help would be appreciated.
 
I think it is legal. They are only making the demand that you follow the physicians advice, they are not demanding files or records that are privileged. The two illness (diabetes and bipolar) are very different, so the employers reaction being different is not surprising.
 
I think it is not only legal it is wise. Being bipolar is an emotional disease that affects your judgment. I personally would take you off of duty for even questioning measures that insure you take your meds. That shows your judgment is not 100% even now.
 
Far too many people that have bipolar disorder fall of their meds. Being in federal law enforcement, you would be a HUGE LIABILITY if you failed to take your medications. Such a diagnosis is very often a career killer, so you are lucky.

Are you in federal corrections? Or, are you in some other form of federal law enforcement?
 
To clarify... BP type II is a much milder form of the mental health "disorder". I have never had any episodes of mania, hallucinations, etc. It closely resembles PTSD which I have intermixed as well. I have dealt primarily with depression, anxiety and trouble sleeping. I have never received any disciplinary actions, maintain a current security clearance for the military reserves and my civilian job. I have maintained a high degree of stability for the last two years since the treatment.

Also, I never have questioned following prescribed treatmnet, so please don't rush to judgemnent. I only question the right of my employer to require that I provide weekly statements "ensuring" I take my medications. A written statement from me or anyone else "ensures" nothing, and is very impractical and invasive. I have asked for no special treatment or accomadation. I just ask to be treated as anyone else with a treatable condition.

I also beg to differ regarding bipolar and diabetes being "very different" conditions. Several years ago, a detective with the Kansas City PD shot someone w/o cause because he went into some type of diabetic shock after failing to take insulin. I contend that someone who is diabetic could be potentially more dangerous without taking medications than someone in my situation.

Lastly... I do not work in corrections. I work in the great outdoors :)
 
Last edited:
Since my experience is with CA law and how it relates to law enforcement, I cannot give you a straight up answer. But, have you checked with your union reps? They might be able to find out if your employer has a right to do this or not. I am thinking they do,but there could be contractual issues in play here as well as labor legalities.
 
First you are correct posters should not rush to judgment on posts regarding disability. If your union rep finds the order out of line, a call to an attorney may be in order as well. All though usually for an attorney to get involved they want to see something worse than what you described.
 
Illegal as all get out....your employer is not only violating state and fed disability law by requiring that you report to them about your medications, but they are also in violation of CA state medical privacy laws. Yes, do consult with an employment law atty in your area of CA that works only with employees.
 
Look, I'm not trying to be rude or anything, but you first work for the federal government which puts you outside of the CA Labor Department rules. Secondly, they are letting you stay employed probably as an accommodation ala the ADA act. I think the reason for the "over the top" actions is that any work you do will potentially be tainted by your condition if they can not PROVE that you were on your meds at the time that you did this or that.

I was an attorney. I can assure you that any client of mine who was busted by you, or that you found evidence on, would get the benefit of the jury knowing about your "condition." Like I said I'm not trying to be rude I'm just being practical. Its not even fair, but your condition compromises your position as an investigator without dead proof that you are taking your meds.
 
jharris352 said:
Look, I'm not trying to be rude or anything, but you first work for the federal government which puts you outside of the CA Labor Department rules. Secondly, they are letting you stay employed probably as an accommodation ala the ADA act. I think the reason for the "over the top" actions is that any work you do will potentially be tainted by your condition if they can not PROVE that you were on your meds at the time that you did this or that.

I was an attorney. I can assure you that any client of mine who was busted by you, or that you found evidence on, would get the benefit of the jury knowing about your "condition." Like I said I'm not trying to be rude I'm just being practical. Its not even fair, but your condition compromises your position as an investigator without dead proof that you are taking your meds.
Click to expand...

I don't think you are being rude, but you are making a lot of incorrect assumptions regarding my issue.

First... the government is not "letting me stay employed" because of the ADA or any type of accommodation. They wanted me out of LEO service and put me through a fitness for duty process. Two years and an EEOC case later, I passed my FFD examination and was deemed "fit for duty without restrictions". The only remaining issue now, is they still seek to "harass" me with the written weekly statements regarding my medications.

Second... As a defense atty do you routinely request mental and physical health records on arresting/investigating officers? In my opinion you would not have access to my health records unless it had caused some legal or administrative issue ON THE JOB. I have been in this business for 15 years and that has never happened to me or anyone I know.

Lastly... According to my psychiatrist, a fair amount of law enforcement officers have, are, or should be receiving some sort of mental health treatment to some degree... including PTSD, depression, anxiety, substance abuse, etc. Many go untreated and are a time-bomb waiting to explode one day? The job is stressful and its effects are far reaching. If someone is taking anti-depressants or sleeping pills for any of the above conditions, should they be required to submit a weekly report to their supervisor? I say no. You suggest it is OK to penalize and treat disparately someone who only sought help to better cope with their issues.
 
Last edited:
Two years and an EEOC case later, I passed my FFD examination and was deemed "fit for duty without restrictions". The only remaining issue now, is they still seek to "harass" me with the written weekly statements regarding my medications.
Click to expand...

This certainly makes a big difference in my thinking. If you were cleared without restrictions I completely agree with you.

Second... As a defense atty do you routinely request mental and physical health records on arresting/investigating officers? In my opinion you would not have access to my health records unless it had caused some legal or administrative issue ON THE JOB. I have been in this business for 15 years and that has never happened to me or anyone I know.
Click to expand...

You would be absolutely surprised what I would do as a defense attorney to impeach evidence from a law enforcement officer depending on the severity of the charge. I would absolutely question you on your employment and medical history to see if there are any conditions that might affect your judgment.

Lastly... According to my psychiatrist, a fair amount of law enforcement officers have, are, or should be receiving some sort of mental health treatment to some degree... including PTSD, depression, anxiety, substance abuse, etc. Many go untreated and are a time-bomb waiting to explode one day? The job is stressful and its effects are far reaching. If someone is taking anti-depressants or sleeping pills for any of the above conditions, should they be required to submit a weekly report to their supervisor?
Click to expand...

Ok I'll grant you that you have convinced me. Would you rather I had just patted you on the back with the first post or are you happy that I challenged your thinking a bit to see where it went?

Good luck, I think you have a case for harassment!

I charge more for advice during Thanksgiving dinner! This board is addicting. Happy Turkey Day.
 
Status
Not open for further replies.

Share this page

Get a free case review from a lawyer
Back
Top