Vets' Org Fires Vet for Combat Injuries

Wounded Veterans' Organization Fires Vet Because of Combat Injuries

SAN FRANCISCO, Calif. -- Today the Legal Aid Society-Employment Law Center (LAS-ELC) filed a lawsuit in Alameda County Superior Court, alleging that the Military Order of the Purple Heart (MOPH) in Oakland, Calif., unlawfully discriminated against Marine corporal Morris Blakey when they fired him based upon disabilities sustained during service in the first Gulf War.

Like many veterans who have experienced combat, Blakey came home after a tour in Operation Desert Storm with medals, ribbons and a new disability: post-traumatic stress disorder (PTSD).

Following a stint working with Native American foster children, Blakey was thrilled to land a job in April 2008 helping fellow veterans obtain health care and other benefits. But just weeks into his new job with MOPH, Blakey was abruptly fired when his supervisor learned of his service-related PTSD.

"Veterans are entitled to the full protection of our laws, including the Americans with Disabilities Act, without reservation," said Claudia Center, senior attorney and director of the disability rights program at the Legal Aid Society-Employment Law Center. "Mr. Blakey's experience provides one more example of our society's failure to embrace and support disabled veterans." Center, who is representing Mr. Blakey, added: "Federally chartered entities such as the Military Order of the Purple Heart should strive to be model employers for returning veterans with disabilities. This incident instead demonstrates failure."

On June 9, 2008, MOPH supervisor Shirley Pratt came to Oakland for a site visit and to meet Blakey for the first time. Blakey told Pratt that he needed assistance organizing the more than 1,000 veterans' files that were transferred to him in a state of disarray when he started his position several weeks earlier.

Instead of helping her new employee, and despite laws protecting workers from intrusive medical inquiries, Pratt asked Blakey pointblank if he has PTSD. Blakey responded that he does and also shared his disability rating from the Veterans Administration.

Pratt excused herself and returned moments later to announce, "We're going to have to let you go ... we can't have someone with your level of disability." Pratt asserted that the termination was required by an MOPH policy excluding employees with certain disability ratings.

Thereafter, MOPH contested Blakey's application for unemployment benefits. At the hearing, Pratt reiterated that Blakey's termination was due to his disability rating for PTSD. The judge granted Blakey his benefits.

Despite living with PTSD, which causes him nightmares, insomnia and fatigue, Blakey earned high marks in college after his discharge and worked full time for five years for the Klamath Tribes as a caseworker assisting Native American foster children, where he earned positive reviews from his supervisors for his performance and commitment to his clients.

Said Blakey, "I took this job for the opportunity to help other veterans. That was the whole reason. I was glad for that job. I wanted to give back to fellow veterans." Instead of having the opportunity to assist other veterans with disabilities, Blakey noted, he experienced the same old stereotypes about veterans with PTSD.

"A large body of research shows that up to 20 percent of our combat veterans experience PTSD," said Claudia Center. "Just as troubling, the majority of those living with symptoms are unlikely to seek help due to fears of stigmatization or loss of job prospects. It's important to support our veterans with disabilities by enforcing workplace nondiscrimination laws."

The Legal Aid Society-Employment Law Center, founded in 1916, protects the rights and economic self-sufficiency of low-income and disadvantaged workers and their families throughout the Bay Area, California, and nationwide. The LAS-ELC provides a continuum of direct services, educational materials, technical assistance to other groups, and legal representation. Its services include free advice and referral on employment issues and specialized programs addressing racial equality; gender equity; issues particularly affecting immigrant workers, including national origin and language-based discrimination; and disability rights.