An aircraft technician for the Robins Air Force Base in Houston County is suing the agency, alleging his superiors discriminated against him for his disabilities, federal court records from Tuesday show.
Bradley Clay, a former airman and technician at Robins Air Force Base, claims in his lawsuit against Frank Kendall III, the secretary of the Air Force, that he was discriminated against for his disabilities. He suffers from post-traumatic stress disorder, anxiety and depression, and the Air Force denied his request to bring a service dog to work, court records show.
His PTSD, anxiet and depression stemmed from time deployed in Iraq, according to his lawsuit. Clay's lawsuit says that as a result of his service, he deals with debilitating panic attacks when triggered by loud noises.
The Air Force is being accused of violating the Rehabilitation Act by discriminating against Clay based on his disabilities, for failing to make reasonable accommodations and for retaliating against him for putting in his file that was unable to perform his work based on his PTSD diagnosis.
Clay, who's being represented by Kenneth Barton III, wants the case to be heard by a jury and for judgment to be decided against Kendall.
Personnel with the Robins Air Force Base have declined to comment.
'Mortaritaville' left serviceman with PTSD
Clay served as an aircraft technician on active duty, court records show. He was deployed to a base in Iraq, which was commonly referred to as "Mortaritaville" because nearby insurgents constantly attacked the installation with mortar fire. Although he would hear and see the mortar fire explosions, he had experienced instances with mortar twice, which left him fearing for his life at the time.
Once he returned home from deployment, he discovered he was struggling and anxiety and depression.
After Clay's service, he would do similar work that he did for the Air Force until, in 2019, he was offered a permanent position at the Robins Air Force Base in Houston County as a civilian employee and aircraft technician.
In September 2021, Clay's mental health declined to the point he attempted suicide, his lawsuit says. One of his supervisors learned Clay struggled with PTSD and "took specific measures to help make sure that Mr. Clay would continue to receive paid leave" as he recovered.
A mental health provider recommended Clay get a service animal to help with his PTSD, the lawsuit says. Clay also was going to therapy and taking medication to manage anxiety and depression.
Clay considered getting a service dog from an organization that helps veterans with disabilities for free, but the process could've taken up to two years and he needed approval from his employer, court records show.
The Air Force has policies that allow airmen with service-related disabilities on active or reserve duty, as well as civilian employees, to use service dogs. They would generally be allowed to accompany their handler in most of the Air Force's public and restricted installations, according to court records.
However, the service animal could be excluded if "its presence interferes with the legitimate safety requirements of the facility ... (like) a surgery burn unit in a hospital in which a sterile environment is required," Air Force policies referenced in the lawsuit state.
Why his request was denied
Clay asked his supervisors in August 2022 to let him bring in a service dog and use noise-canceling earbuds that can help block sounds that trigger PTSD, his lawsuit says. Clay told his supervisors that his disabilities impacted him and his work and that, with the requested accommodations, he would be able to manage his disabilities and perform his job.
Supervisors wouldn't let Clay wear the headphones, but said he could wear different foam earplugs with earmuffs, the lawsuit said. His supervisors also wrote in documents that he was requesting an emotional support animal rather than a service dog, and one supervisor was concerned that other employees would make similar requests to bring animals into work, the lawsuit said.
His request was denied. Supervisors asked for an unnamed director of safety to weigh in on the issue, and the director was opposed to having a service dog in the flight line, where it could be exposed to chemicals or other unsafe conditions, the lawsuit said.
If the service dog was injured or killed, the government would be liable, the lawsuit stated.
The director further said other employees would not expect to see a dog in the workplace, which could cause problems for employees who are allergic to dogs or have experienced a traumatic experience by one as a child, court records show.
The director also stated that, based solely on Clay's diagnosis of PTSD and panic attacks triggered by loud noises, " Mr. Clay was unable to safely perform the essential functions of his job," even though there wasn't any evidence that his condition would prevent him from performing the essential duties of his job, court records show.
That description of Clay was documented in his personnel file, the lawsuit says.
Clay filed an official complaint of discrimination with the Equal Employment Opportunity Office at the Air Force in February 2023. His complaint was heard by an administrative judge in October, who eventually decided in favor of the Air Force.
A supervisor testified when questioned on the complaint that she did not consider him to be medically impaired because he "was expected to perform all essential duties of his position."
Clay was later able to get his requested accommodations, after he was promoted to another Air Force organization, the lawsuit says. He still worked at Robins Air Force Base.
A lawsuit only represents one side of an argument. Kendall and representatives of the Air Froce have not filed a legal response at the time of publication.
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