Protected veterans play a vital role in the workforce. They bring discipline, unique skills, and experience from their military service. However, many veteran employees wonder, can a protected veteran be fired or laid off? The short answer is employers cannot terminate a protected veteran without adhering to specific legal requirements. Understanding the rights of protected veterans under federal laws like the Uniformed Services Employment and Reemployment Rights Act (USERRA), Title VII, and regulations from the Office of Federal Contract Compliance Programs (OFCCP) is critical for both veterans and employers.
Who Qualifies as a Protected Veteran?
Protected veterans fall under specific categories defined by federal law. These include:
Disabled veterans: Individuals with a service-connected disability.
Recently separated veterans: Those discharged or released within the last three years.
Active duty wartime or campaign badge veterans: Veterans who served in a military campaign or operation recognized by an authorized service medal.
Armed Forces service medal veterans: Veterans awarded a service medal for participation in operations or campaigns.
The distinction between a veteran and a protected veteran lies in these eligibility criteria. While all veterans have served, not all qualify for protected status.
Employers often ask about veteran status to comply with the OFCCP’s reporting requirements, which ensure affirmative action and nondiscrimination practices in federal contract compliance programs.
Legal Protections for Protected Veterans
Federal laws provide robust protections to ensure fair treatment of veterans in the workplace.
USERRA:
The reemployment rights act ensures veterans returning from active duty or training can reclaim their civilian jobs without facing discrimination or undue hardship.
Employers must provide prompt reemployment and restore the same pay, seniority, and benefits the veteran would have earned if they had remained continuously employed.
Title VII of the Civil Rights Act:
Protects against employment discrimination based on race, color, religion, sex, or national origin. For veterans, discrimination related to military status or veteran status is often tied to Title VII protections.
OFCCP Regulations:
Federal contractors must actively hire veterans and cannot make employment decisions based on protected status.
Veterans with a service-connected disability are entitled to reasonable accommodation to perform their duties effectively.
Americans with Disabilities Act (ADA):
Ensures that disabled veterans receive workplace accommodations and are not subject to termination due to their disabilities.
Can a Protected Veteran Be Terminated?
Employers cannot legally terminate a protected veteran without valid reasons. Here’s what’s essential:
Illegal Termination: Firing a protected veteran solely due to their military status, veteran status, or a service-connected disability violates federal law.
Performance-Based Termination: Like other employees, protected veterans may be terminated for legitimate reasons, such as poor performance, violations of workplace policies, or bad conduct.
Undue Hardship: Employers may claim undue hardship to deny accommodations. However, they must prove that the requested accommodation would cause significant difficulty or expense.
Rights During Layoffs or Downsizing
Protected veterans have additional safeguards during layoffs:
- Fair Treatment: Employers ensure layoff decisions do not stem from a veteran’s protected status.
- Comparable Treatment: Employers treat veterans equally to other employees in similar positions.
- Reasonable Efforts: Employers explore alternatives before laying off veterans, especially when tied to a federal contract.
Veteran Rights in the Workplace
Protected veterans have the right to:
Job Security: Reinstatement to their same job or an equivalent position after returning from military service or annual training.
Accessible Locations: Modifications to the workplace for veterans with disabilities, such as large print materials or ergonomic adjustments.
Equal Benefits: Access to the same health, retirement, and other benefits as other employment-related activities.
Fair Assignments: Protection against discriminatory job assignments based on military or veteran status.
What Happens If a Protected Veteran is Fired?
If a protected veteran believes their termination violated federal laws, they have options:
File a Complaint: Veterans can report violations to the Department of Labor’s Veterans’ Employment and Training Service (VETS).
Seek Informal Mediation: Resolve cases through informal mediation before escalating to litigation.
Legal Action: Veterans can hire a private attorney or seek assistance from the Merit Systems Protection Boardfor federal employees. Employers found guilty may face penalties, including payment of lost wages, reinstatement, and attorney fees.
FAQs
Part I
Can employers ask if you are a protected veteran?
Yes, employers may ask to comply with federal contract compliance programs or affirmative action requirements. However, they cannot use this information to make biased employment decisions.
Are veterans a protected class for employment?
Yes. Military veterans are safeguarded under federal laws like USERRA, Title VII, and ADA, which prohibit employment discrimination and ensure equal treatment in the workplace.
What accommodations are required for disabled veterans?
Employers must provide reasonable accommodation, such as flexible schedules, adaptive equipment, or accessible locations, unless doing so causes undue hardship to the business.
What if a veteran’s position is eliminated during their service?
Employers must follow the escalator principle, placing the veteran in a comparable position with the same seniority status and pay upon return to civilian employment.
Can employers terminate service members for military obligations?
No. It is illegal for employers to terminate service members due to their military obligations, including active duty, training, or other service-related activities protected under USERRA.
What protections does USERRA provide for military veterans?
USERRA applies to all employers and ensures that military veterans retain their civilian employment rights, including reemployment in their previous role or a role with similar status, pay, and benefits after completing military service.
Part II
Are businesses required to rehire service members after deployment?
Yes. USERRA requires that employers provide prompt reemployment to service members after their deployment, provided the employee meets the eligibility criteria and returns within the specified timelines.
What rights do disabled veterans have when seeking civilian employment?
Disabled veterans are protected under both USERRA and ADA, which ensure that they are considered qualified applicants and cannot be discriminated against in hiring, promotions, or other employment-related activities.
How does the federal government support veterans in the workplace?
The Department of Veterans Affairs and personnel management programs provide resources for both members and companies to facilitate the hiring and retention of veterans. This includes guidance on terminating employment, offering reasonable efforts for retraining, and addressing service-connected disabilities.
What if an employer fails to comply with USERRA protections?
Veterans can file a complaint with the Veterans Affairs or the U.S. Department of Labor’s Veterans’ Employment and Training Service (VETS). Alternatively, they may seek legal action to recover lost wages and benefits.
Why do some companies prioritize hiring veterans?
Employers often hire veterans because of their leadership skills, dedication, and adaptability. Many businesses also participate in federal programs that incentivize veteran hiring to create a diverse and inclusive workforce.
Can veterans be denied employment due to their military status?
No. Denying a veteran civilian employment due to their military status or obligations is considered employment discrimination and is illegal under USERRA and related laws.
What should a veteran do if they face discrimination at work?
Veterans should document the incident and report it to their HR department or seek assistance from federal agencies like the EEOC or VETS. Consulting with an experienced attorney may also help resolve the issue effectively.
Conclusion
Protected veterans deserve respect and fairness in the workplace. Federal laws ensure that employers cannot terminate or discriminate against these individuals based on their service. From ensuring prompt reemployment to providing reasonable accommodations, the law requires employers to uphold their obligations.
Facing unfair treatment or termination? The Bourassa Law Group can guide you through your rights and help you achieve justice.
Contact us today to discuss legal options and protect your future.
1-800-870-8910