A New Mexico Army National Guard soldier who served in Iraq said his bosses at the state’s Children, Youth and Families Department were less than welcoming since he returned home and to his job as a community support officer in the Gallup office in 2007.

 

Phillip G. Ramirez Jr. filed a complaint Wednesday against the department, CYFD Secretary Dorian Dodson and other state officials alleging his supervisors have set unrealistic and specific quotas for him, refused to allow him time off work for his post traumatic stress disorder or to care for his developmentally disabled daughter, won’t give him a phone in his office and have even prohibited him from volunteering with the Police Athletic League. To see the complaint, click here.

 

Ramirez filed a complaint with the New Mexico Department of Labor last October, claiming his civil rights were violated and that his superiors created a hostile work environment. In March he was diagnosed with PTSD. He said that on March 24, 2008 he requested accomodations to deal with his health issues. But instead of honoring his request, he claims his superiors placed him on administrative leave the very next day.

 

He says his superiors are retaliating against him, not only because he filed EEOC complaints, but because he has complained publicly that proper procedures regarding flex time and the Family Medical Leave Act have not been followed by the department.

 

He was placed on administrative leave without pay in April, and fired on May 8, according to the complaint filed by Ramirez’s counsel, Michael Duran, with Keller & Keller, and Rosario D. Vega Lynn. 

 

CYFD spokeswoman Romaine Serna said Friday that department officials do not comment on pending litigation of personnel matters. However, she said the department is sensitive to the needs of employees who also are in the military.

 

"We recognize their military duty is important, and we make every effort to balance our work load needs with the employees’ needs," Serna said "We completely and wholeheartedly support people who are employees and are members of the armed forces in any capacity."

 

In the complaint, which was filed in the state’s Eleventh Judicial District Court in Gallup and with the Attorney General’s Office, Ramirez claims Juvenile Probation and Parole supervisors Tim Olesinger and Daniel Berg refused to keep him informed about his department and his job while he was deployed in Iraq, and they ignored his requests to have the information sent to him. Then when he returned from duty he was singled out by his bosses and questioned about taking time off to care for his daughter, not allowed to take flex time and reprimanded for going over their heads to request written policy and procedures in place by CYFD concerning his job as a community support officer, according to the complaint.

 

The complaint states that CYFD officials named in the lawsuit have "demonstrated a persistent and continuous pattern of discrimination based on military status and medical condition (both for Ramirez and his daughter), and against individuals who engage in protected activity…."

 

The lawsuit is asking the court to order CYFD to reinstate Ramirez immediately. It also asks the court to order CYFD management to undergo management training on how to deal with work place issues specifically dealing with the needs of employees who also are in the military.

 

Ramirez, who is a sergeant in the National Guard and spent periods of 2005 and 2006 in Iraq and Kuwait as part of Operation Iraqi Freedom, also is seeking compensation for the loss of income, punitive damages and attorney fees.  

 

"Overall, I hope the management within the department are given classes to learn how to deal with every employee and their needs," he said. "Our jobs are very important to the community and I don’t think this is how anyone should be treated by a department that plays such a key role in people’s lives. Managment needs to not only stand up for the higher ups, but for the little guy too."