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If You Live In Georgia, You Want To Read This About Ptsd!

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Troy Spurlock

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http://www.foxnews.com/us/2010/05/12/law-l...amaged-license/

Veterans groups are blasting Georgia lawmakers for passing legislation that would allow a diagnosis of post-traumatic stress disorder to appear on driver's licenses.

Not only is this unconstitutional, it's patently prejudicial.

If they're going to do this, they need to do it for EVERYONE diagnosed with PTSD, to include police, fire, domestic and rape victims (for example).

The things our government bodies are doing to ostracize veterans is completely dumbfounding, foolish, and down right discriminatory against veterans!

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Just cause it is a law does not mean it is right.

Same goes for bad public policy. Take President Clinton's Temporary Assistance for Needy Families (TANF) Act for example. It bares anyone convicted of a drug offense, whether or not they are involved in that offense - e.g. a woman is in the same room as her drug selling boyfriend when the cops bust in, but she has nothing to do with the drugs or the selling of those drugs - they are permanently bared from getting any job, education, or public assistance. If people don't have assistance, a second chance, the probability of recidivism multiply exponentially.

This Georgia law is wrong, it's unconstitutional, and it's discriminatory against veterans.

T.S.

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The Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) are the primary federal laws that protect qualified employees and applicants from unfair treatment.

Employment discrimination and the ADA

The ADA prohibits discrimination based on disability. The law defines a disability as a physical or mental impairment that substantially limits one or more major life functions, such as hearing, seeing, walking, speaking, breathing, thinking, caring for oneself, or performing manual tasks. The law protects individuals with a disability or a history of a disability, and individuals regarded as being disabled.

Because the ADA does not provide a list of covered illnesses or diseases, an employee's medical condition must be judged strictly according to the above criteria. If treatment for a medical condition removes an employee's impairment, he or she may not be eligible for ADA protection (e.g., if a long-term cancer survivor is fully functioning).

An employee must be able to perform a job's functions to be entitled to ADA protection. The employee may request reasonable accommodations, such as flexible hours to accommodate medical treatment, to do the job. Employers must accommodate the request unless it causes undue hardship to the business. All employers with 15 or more employees must uphold ADA.

When recruiting employees, employers may not ask any questions about an applicant's real or perceived disability. This includes questions regarding genetic history, workers' compensation history, or prescription drug history. A job offer may be conditional on the results of a medical exam, but only if the exam is required for all applicants to similar jobs. Medical inquiries and exams may only be required after employment if the content is job-related.

The law also makes it illegal for any employer, coworker, or client to mistreat or show prejudice toward an employee with a medical condition.

Employment discrimination and the FMLA

If an employee suffers from an illness, injury, impairment, or physical or mental condition that involves a period of incapacity (an absence of more than three work days), he or she may take 12 weeks of unpaid FMLA leave. Employees are eligible for leave if they work for an employer with 50 or more employees and work at least 1,250 hours per year.

An employee on authorized FMLA leave retains benefits and is entitled to have his or her job, or equivalent job, restored once leave has concluded.

http://www.avvo.com/legal-guides/employmen...ination-medical

http://www.ada.gov/

http://www.dol.gov/whd/fmla/index.htm

Disability Discrimination

Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicant unfavorably because she has a disability.

http://www.eeoc.gov/laws/types/disability.cfm

The only manner in which any employer can inquire about a medical condition is through business necessity as the "essential functions" of the position. If not, then an employer can inquire if the essential functions can be met with "reasonable accommodations," nothing more.

The Georgia law will be challenged and they will lose.

T.S.

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did any one think this law might help vets especially from IRAQ and AFGAN, I know if I was a unseasoned war veteran just a a silly cop or smart cop trooper or not a run on a tag that shows a code of PTSD only visible from the PDCAD system on tracking, knowing that ok he is driving fast ...ok i see vet plates.... ok he is driving in the middle lane o..ok the check came back he is a war vet, with service induced PTSD. will do a routine stop and check for wellness.

ok the trooper has reason for suspicion, have been drinking? no... can you explain your driving. NO or yes if you want to shit shat, depending on your attitude you will walk away scott free without tiket without offense its a WELNESS check, does it violate your rights well yeah, in a way. so what.

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I think if the cop got something back indicating the vet he was pulling over suffered from PTSD the cop would be fingering his pistol as he approched the vet's car. I remember the "crazy Vietnam vet movies" all too well. Many of the cops might be war vets as well and they are thinking "If this guy has PTSD he may freak out on me". Does he have a gun? Better call for backup".

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