Disabled veterans face unique challenges when transitioning from military service to civilian jobs. Discrimination and barriers can complicate their journey. However, federal laws protect their best interests and ensure equal opportunities. Understanding these protections is vital for veterans in order to secure their rights in disabled veteran discrimination cases.
Physical or Mental Impairment: Defining Disabilities
A physical or mental impairment can significantly affect major life activities like walking, working, or concentrating. Disabilities stemming from military service, such as post-traumatic stress disorder (PTSD) or traumatic brain injury (TBI), often require reasonable accommodations in the workplace.
Employers must not ignore these needs. They must assess if a substantial limitation exists and provide solutions to help veterans perform their job’s essential functions. The law protects veterans with service-connected disabilities, ensuring fair treatment during hiring, job assignments, and beyond.
Americans with Disabilities Act: Protecting Veterans
The Americans with Disabilities Act (ADA) prohibits discrimination based on disabilities in workplaces with 15 or more employees. This includes ensuring that veterans with disabilities are not excluded from job opportunities or denied promotions.
Reasonable accommodations: Employers must provide necessary adjustments, such as modified workspaces, flexible hours, or assistive technologies.
Undue hardship: Employers may only deny accommodations if they can prove that the adjustments would impose significant difficulty or expense.
Veterans with disabilities must understand that ADA prohibits discrimination and mandates equal access to job opportunities.
Local Government Employers: Obligations and Protections
Local government employers hold specific responsibilities to comply with federal laws like the ADA and the Rehabilitation Act. This ensures that veterans transitioning into public sector jobs receive fair treatment.
Veterans employed by local government agencies enjoy protections under the Veterans Preference Act, which prioritizes veterans for government jobs.
Programs like the Veterans Recruitment Appointment (VRA) and the Veterans Employment Opportunity Acthelp qualified disabled veterans secure positions in local government roles.
If discrimination arises, veterans can report violations to the Equal Employment Opportunity Commission (EEOC) or other oversight agencies.
Federal Contract Compliance Programs: Strengthening Protections
Companies working under federal contracts must comply with the federal contract compliance programs outlined by the Department of Labor. These programs include strict anti-discrimination provisions and obligations to hire and retain veterans.
Protected veteran status established: Veterans must disclose their status during the hiring process to receive these protections.
Contractors must actively work to assist veterans, including creating inclusive workplaces and offering resources like a job coach or job accommodation network services.
Employers violating these programs face penalties, ensuring veterans receive the opportunities they deserve.
Common Examples of Veteran Discrimination
Veteran discrimination occurs when employers fail to uphold their legal responsibilities. Here are common scenarios:
Denying employment due to veteran status discrimination or assumptions about military obligations.
Refusing accommodations for mental impairments like PTSD.
Using pre-employment medical screenings to exclude veterans with disabilities.
Assigning less favorable job assignments based on stereotypes.
Discrimination can stem from ignorance or deliberate actions. Employers must understand their obligations, and veterans should remain vigilant about their rights.
How to Address Veteran Discrimination
Step 1: Recognize Discrimination
Be alert to signs of veteran status discrimination, such as:
Denial of reasonable accommodations.
Exclusion from employment-related activities based on disability.
Adverse treatment in hiring, promotions, or workplace policies.
Step 2: Take Action Immediately
File complaints: Report incidents to the EEOC, Veterans Affairs, or other relevant oversight agencies.
Utilize resources: Seek guidance from the Job Accommodation Network, Department of Veterans Affairs, or organizations that assist veterans.
Document evidence: Keep records of discriminatory incidents, including emails, performance reviews, or statements made by your employer.
Step 3: Seek Legal Support
Consult an employment lawyer who specializes in veteran discrimination cases.
They can evaluate your case, explain your rights under laws like the ADA or USERRA, and pursue justice on your behalf.
Step 4: Engage Your Employer
Request a meeting with HR or a company representative to address the issue directly.
Advocate for reasonable efforts to resolve concerns internally before escalating the matter.
Step 5: Leverage Community Support
Join veteran advocacy groups or support networks.
These organizations provide resources, connections, and emotional support to navigate challenges.
Veterans deserve respect and fairness in the workplace. By knowing your rights and taking decisive action, you can hold employers accountable and protect your career.
Additional Protections for Vietnam Era Veterans
The Vietnam Era Veterans’ Readjustment Assistance Act protects veterans from that era against discrimination. This law ensures that veterans who served during the Vietnam War receive fair treatment in the workplace.
FAQs: Disabled Veteran Discrimination Cases
Can employers ask about a veteran’s disability during a job interview?
Employers cannot directly ask about disabilities during a job interview. However, they may inquire whether you can perform the job’s essential duties with or without accommodations.
What should I do if I experience harassment due to my veteran status?
Report the incident to your employer or HR department. If the issue persists, file a complaint with the Equal Employment Opportunity Commission (EEOC) or consult an attorney.
Are family members of disabled veterans protected against discrimination?
Yes. Under certain circumstances, discrimination based on association with a family member who has a disability is prohibited by the ADA and other federal laws.
What counts as a reasonable accommodation for disabled veterans?
Examples include accessible workspaces, adjusted work schedules, modified equipment, or additional training to support veterans in performing their roles.
Do veterans have preference in civilian employment with federal agencies?
Yes, under the Veterans Preference Act, veterans receive priority consideration for hiring and promotions in federal agencies.
What happens if a business fails to comply with federal contract compliance programs?
Businesses that violate these programs can face penalties, including losing federal contracts. Veterans can report violations to the Office of Federal Contract Compliance Programs.
How does USERRA apply to previously military service members?
The reemployment rights act (USERRA) ensures veterans returning to civilian employment are promptly reinstated to their positions or an equivalent role with the same pay and benefits.
Can I file a discrimination claim if I feel overlooked in the hiring process?
Yes. If you believe discrimination occurred during the hiring process, you can file a claim with the EEOC or seek assistance from the Job Accommodation Network.
What legal protections exist for Vietnam era veterans?
The Vietnam Era Veterans’ Readjustment Assistance Act protects veterans from discrimination in employment decisions, including hiring and job assignments.
A Compassionate Approach
Bourassa Law Group supports veterans in their fight against discrimination. Disabled veterans understand situations best when they receive guidance tailored to their unique challenges. Our team ensures veterans know their rights and helps them secure justice in the workplace.
Contact us today to schedule a free consultation, discuss your case and protect your rights.
1-800-870-8910