Veterans of the United States Armed Forces are considered a vulnerable population, and the American public, through the U.S. Congress, protects them by law. Veterans and their would-be employers should know the rights of veterans are protected and how those rights are enforced in the workplace.

Many laws protect the rights of veterans: the two that apply to the workplace are the Uniformed Services Employment and Reemployment Rights Act (USERRA), enforced by the U.S. Department of Labor and the U.S. Department of Justice, and Title I of the Americans with Disabilities Act (ADA), which is enforced by the U.S. Equal Employment Opportunity Commission (EEOC). Veterans’ rights in the workplace cover disabilities — both physical and emotional — and absence related to duty.

USERRA prohibits discrimination against a veteran based on military obligations or status, and obligates employers to re-employ veterans who return from active service. The law states that employers must make reasonable efforts to accommodate veterans by ensuring they are not penalized by going to or returning from active duty. Pending the veteran’s return, the employer of a departing soldier must maintain the veteran’s:

Seniority
Status
Pay
Job duties

If the veteran is physically unable to continue to perform the same duties due to a disability, the employer must make reasonable effort to modify the work or the work environment. If that is not possible, then the employer should provide training or retraining at no cost to the veteran.

The ADA protects veterans — who become injured or disabled, or suffer from PTSD — from workplace discrimination. Employers must reasonably accommodate the veterans’ disabilities, both physical and emotional. This protection extends to a potential employer, who may not refuse to hire a veteran simply because the employer suspects the veteran job applicant may be disabled in some respect — provided the person is qualified, with reasonable accommodations in place, to perform the essential duties of the job.

While an employer is not obligated to give preference to veterans in hiring or promotions, that is something an employer can choose to do, and in so doing is contributing to our country’s security.

At the law firm of Hanan M. Isaacs, P.C., we care deeply about your employment rights. If you are grappling with workplace conflict or suffering from workplace discrimination, contact us today or call 609-683-7400 to schedule a reduced fee initial consultation. You will be glad you did.