Veteran Rights and Discrimination: Are You A Victim Of Veteran Discrimination?

Veteran discrimination, also called veteran status discrimination, occurs anytime being a veteran and former uniformed military service member makes them a target of workplace prejudice and employment discrimination. When veteran discrimination applies to a disabled veteran it’s called disabled veteran

discrimination, and may be protected under veteran specific legislation or overarching acts like the Americans with Disabilities Act (ADA). Under the conditions of veteran discrimination, bias and prejudice can impact veterans ability to work and have an effect on their overall quality of life.

There are over 20 million veterans in the United States making up just under 10 percent of the population, according to Pew Research. Among veterans groups, Gulf War veterans made up the largest portion of veterans in 2016, surpassing Vietnam veterans for the first time. With fewer people signing up for armed forces, veteran status is declining. It’s expected to continue to decline through 2045 where military members will drop to about 40% from current military force. Just because the numbers of veterans are decreasing, however, doesn’t mean your rights are less important.

If you’re a veteran and you think you’ve been a victim of either veteran discrimination or disabled veteran discrimination, you may need a lawyer. Here’s what you need to know:

What Is Veteran Discrimination?

Veteran discrimination occurs when a veteran is not able to get employment due to veteran status or disability. Sometimes called veteran status discrimination.

Facts about veteran discrimination

The Bureau of Labor Statistics (BLS) says that around 3%-4% of all veterans experienced joblessness in 2019. As mentioned above, Gulf War military veterans make up the largest group of veterans and of this group, 41% experienced disability. This is particularly high when the number sits around 25% of all other veterans. When it comes to disabled veterans the unemployment rate sits at almost 5%.

That fact is indicative of the difficulties disabled veterans have in the workplace, which in some case includes employment discrimination. This may be conflated by the fact that Gulf War veterans struggle to get the best care for the treatment of common problems associated with war like traumatic brain injury and post traumatic stress disorder (PTSD). A recent study suggests that the VA is not equipped to handle the array of psychological and intellectual problems associated with some common conditions which has led to an influx of mood disorder like major depression, and other issues that may manifest episodically in the workplace, according to the American Bar Association.

Key findings in a RAND study suggest that young veterans who recently separate from the military have the most problems trying to readjust to the workforce and experience the highest levels of unemployment, which may go down with time away from the military and age.

There are many laws that talk about veteran discrimination, but three primary laws can help people with veteran status or disability due to veteran status when it comes to employment. These are:

Uniformed Services Employment and Reemployment Rights ActVietnam Era Veterans’ Readjustment Assistance Act of 1974Americans with Disabilities Act of 1990Uniformed Services Employment and Reemployment Rights Act (USERRA)

For recently separated veterans, National Guard members, and reservists, USERRA might protect some of your rights in the workplace, with both public and private employers. According to the Department of Labor website, USERRA provides the following rights:

Reemployment rights: To qualify for re-employment, the uniformed service member must provide adequate written or verbal notice of leave, be within their first five years of uniformed service with the employer, return to work quickly after service leave is complete and not to have separated from service under certain conditions (anything but honorable discharge).Anti-discriminatory rights: Affiliation with uniformed services cannot prevent you from employment, reemployment, promotion, retention or benefits, according to this right.Protection of health insurance: Health insurance coverage is a protected right for uniformed service members who can extend their employers insurance plan for 24 months while deployed.Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA)

If you’re a Vietnam veteran your rights as a contractor are protected against veteran disability discrimination by affirmative action policies.

This law requires companies that have federal contracts of $100,000 and up to take active action to hire and promote qualified disabled veterans protected under VEVRAA. VEVRAA also requires these companies to list their job opportunities in related employment services that specialize in veteran employment and give priority to veterans covered by the law when they transfer jobs.

According to the law, veterans are qualified under VEVRAA if they:

Are disabledServed as active duty military status during war-time or under certain conditions within which a campaign badge was authorizedReceived a service medal for their role in an operationSeparated recently from active duty military statusCan perform the job with or without ADA accommodations

VEVRAA helps veterans get placed into coveted contractor positions with preference because of their experience working within the government and military.

Americans with Disabilities Act of 1990 (ADA)

According to the US Equal Employment Opportunity Commission (EEOC), “Title I of the ADA, which is enforced by the U.S. Equal Employment Opportunity Commission (EEOC), prohibits private and state and local government employers with 15 or more employees from discriminating against individuals on the basis of disability.[3] Any veteran with a disability who meets the ADA’s definition is covered, regardless of whether the disability is service-connected.”

Disabled Veterans Rights: What Veteran Rights Should I Know About?

Under the laws previously mentioned, veterans are entitled to certain rights. They are as follows:

Any person with a disability, including previously military service members, cannot be treated unfavorably because of the disability in any aspect of employment. Specifically, covered rights include protecting during hiring, promotions, assignments, termination, training and more.People with disabilities are also protected against harassment and retaliation in the workplace from co-workers, supervisors, etc.Anyone with a disability, whether veteran or not is entitled to reasonable accommodations at work, barring significant difficulty or expense to the employer. Reasonable accommodations that allow a person with disabilities to perform a role they are otherwise capable of performing are rights under the ADA.An early piece of legislation called the Rehabilitation Act (1973) applies the same standards for reasonable accommodation to government posts like the Federal Executive Branch or US Postal Service, ensuring employment rights are protected across the board.An employer cannot refuse to hire a person with disabilities because you require reasonable accommodation to enact the duties of the job.Under VEVRAA, an affirmative action policy gives disabled veterans preference on contracts of $100,000 and above. That same preference is not mandatory in the hiring process, although an employer may choose to give a disabled veteran preference.Employers are not allowed to ask about a candidate’s disabilities, even when they are obvious, during a job interview or otherwise. An employer can ask if an employee needs reasonable accommodation to complete the job duties and what kinds of accommodations must be made, but they can inquire about a specific disability or condition.People with disabilities are not required to disclose their condition during the pre-employment process. That said, if someone has a disability that requires accommodation they should discuss the accommodation early with the potential employer. At the time of an offer, employers can exercise their right to pre-employment medical screenings or questions about medical conditions provided that everyone has to onboard with the same process.Employers who give preference to disabled veterans may ask if you are a disabled veteran on an application. This is either an optional question, or for the purposes of affirmative action per VEVRAA.Disabled employees have the right to reasonable accommodations. These include:Written materials or BrailleExtra time for test takingAccessible locations to perform workModified equipment and surroundingsWorking from home accommodationsJob coachingAmended methods and processesReassignment in some casesAre Veterans A Protected Class?

Yes. Some veterans are a protected class. If veterans qualify for a protected class under the requirements of VEVRAA or ADA, they are protected.

Protected Veteran Status established by VEVRAA requires military contractors to actively recruit and retain veterans in the workplace.

Under the ADA, veterans may also be protected as a person with disabilities if they meet ADA definitions of disability that are as follows:

“The ADA defines an “individual with a disability” as a person who (1) has a physical or mental impairment that substantially limits one or more major life activities; (2) has a record of such an impairment (i.e. was substantially limited in the past, such as prior to undergoing rehabilitation); or (3) is regarded, or treated by an employer, as having such an impairment, even if no substantial limitation exists. You are considered qualified if you are able to meet an employer’s requirements for the job, such as education, training, employment experience, skills, or licenses, and are able to perform the job’s essential or fundamental duties with or without reasonable accommodation.”

An amendment to the ADA in 2008, made it easier for veterans to qualify for this protected status by broadening the range of conditions that are considered for protection. Part of this addition included problems that may not affect every aspect of someone’s life including episodic conditions like PTSD that may only need to have reasonable accommodations made occasionally, per request.

While the ADA, the U.S. Department of Defense and the U.S. The Department of Veterans Affairs (VA) all have different standards for determining eligible disabilities, there are a number of service related conditions that are already considered disabilities written into the ADA for the protection of veterans.

Examples Of Discrimination Against Veterans

If you’re one of the over 20 million veterans in the United States discrimination could rear its head in a number of unfavorable ways that impact your well being and employment status. Here are some examples of what veteran discrimination might look like:

“I’m sorry but that position is not available”: When a position, like a promotion, is listed on an internal job board and it is suddenly out of reach when a veteran tries to apply for it. That could be an example of veteran discriminatory practices. Another way this occurs is during an interview, when a disabled veteran has gotten to the first steps of the process but indicators during the interview seem to present systemic challenges. The latter of the two is the hardest to prove in an EEOC filing.“I don’t hire veterans”: This phrase embodies the bias of overt discrimination. In a case like this, the employer isn’t even trying to hide their unseemly practices. Perhaps, they themselves are not knowledgeable about discrimination or they simply don’t care or don’t think you have any recourse. While this kind of reaction is rare, it can occur and certainly qualifies as a discriminatory hiring practice under the law.“I’m sorry but you won’t be receiving the raise we discussed”: Employers can’t take away benefits that impact veterans like vacation days and sick time, or annual raises or opportunities for promotion. In some cases, an employer may try something that strips you of your pension or other important long-term benefits.“I just think your PTSD means you aren’t cut out for the role”: Employers are not allowed to judge candidates based on medical conditions. They may only ask them if they need accommodation and what kind of accommodation they need.Examples Of Companies Engaging Veterans Legally

Below are some examples of how companies can engage veterans with regard to disability to ensure that no discrimination occurs and their needs are met:

“Do you need assistance with this task?”: If something like heavy lifting is required for a job and an employee has an obvious disability that may hamper them from completing the task, an employer is allowed to ask how they can assist so that the employee or candidate can more easily accomplish the task.“Can you demonstrate/describe how you will perform this task?”: In an interview, an employer can ask a veteran with disabilities to describe or demonstrate the tasks required for the job. This could lead to satisfactory completion of the task or a discussion about reasonable accommodation for the candidate.“Are you a disabled veteran?”: Pre-employment forms are allowed to ask you to self-identify as a disabled veteran, if you so choose. In instances where affirmative action is mandated under VEVRAA, this question can be mandatory.“Are you able to submit to our pre-employment health screening?”: In some cases, a pre-employment medical screening or disclosure may be necessary for the job and as long as it’s applied to all employees in the same way it’s not a discriminatory practice.What Laws Protect Veterans?

The three big laws that protect veterans from workplace discrimination are VEVRAA, USERRA and ADA. Early veterans rights legislation, the Rehabilitation Act also establishes protocols for non-discriminatory hiring practices against veterans.

Another law called the Veterans Preference Act ensures hiring preference for veterans with and without disabilities from competitive lists of potential employees and specifies conditions for special non-competitive appointments that accommodate hiring veterans.

This includes Federal agencies using hiring authorities, established by the Veterans Preference Act, to hire people with disabilities and sometimes offering preference to veterans under conditions of the law. If a veteran is looking for a job these hiring authorities may be able to help them with placement assistance in roles that give preference to disabled veteran appointments:

Veterans’ Recruitment Appointment (VRA): This program allows Federal agency appointment preference of qualified disabled veterans into non-competitive positions.Veterans Employment Opportunity Act (VEOA): Offers preference to candidates who can fill competitive service conditions if they are considered “status applicants”. According to OPM.gov, status applicants are those who “are current or former Federal civilian employees who hold or held non-temporary appointments in the competitive service, not the excepted service.”Schedule A Appointment Authority: This is not veteran specific but can benefit veterans with conditions like traumatic brain injury or PTSD as it is designed to provide preference to people with severe mental and intellectual disability.What Impact Does The EEOC Have In Providing Veterans Protection?

When taking action against private, state or local government employers, you must file a formal discrimination claim with the EEOC. The allegation must be submitted to the local EEOC office within 180 days from the date of the suspected violation. And it needs to be either delivered by mail or in person.  If state or local anti-discrimination laws also cover charges associated with the filing, the 180-day filing period will be extended to 300 days for the anti-discrimination review.

EEOC will send you and your employer a copy of the charge paperwork and may ask you to provide responses and supporting information for fact checking. Before the formal investigation, EEOC can choose to enroll the charge into a mediation plan instead. Mediation is free, confidential and voluntary. This process will only occur if both parties are amicable to it, but can sometimes yield the most positive and least costly outcome for all involved.

The EEOC investigates charges if a mediation is unsuccessful, or if a charge isn’t selected for mediation. If “reasonable cause” to suspect discrimination is found. The EEOC first seeks to work with the employer to solve the issue of discrimination.

If this is unsuccessful and the charge cannot resolve in the manner, the EEOC takes the employer to court for the charge of veteran discrimination. If the EEOC finds no discrimination, or resolution failures result in the EEOC backing out of the charge, you will be given a “right to sue” notice that gives you 90 days to file an action in court. You can also request a right to sue if the EEOC has had the case investigation for 180 days. When the request is granted, you will have 90 days to file.

If the claim is against a Federal agency, you can call the office responsible for the agency’s EEO complaint plan to get in direct contact with an EEO consultant. Generally, you must contact an EEO consultant within 45 days from the date of the issue of discrimination. In most cases, EEO consultants will provide you with the option of participating in EEO consultation or attending a mediation to resolve the dispute with the agency.

For cases that can’t be settled by mediation, a formal complaint can be filed through the EEO office. This must occur within 15 days from the date you receive instructions from an EEO counselor in writing. A review of applicable claims will occur and the agency has 180 days from the date of claim to see through an investigation. An investigation leads to one of two scenarios, a judicial hearing or decision directly from the EEOC on whether discrimination occurred.

Resources: Discrimination Against Veterans With Disabilities

The following agencies, tools and resources are designed to protect and assist veterans with disabilities against discrimination and prejudice in the workplace:

U.S. Equal Employment Opportunity Commission (EEOC)

The EEOC is an anti-discrimunation agency designed to protect employees against discrimination.

Website: www.eeoc.govPhone: 1-800-669-4000U.S. Department of Justice (DOJ)

The DOJ is part of the federal government’s executive branch responsible for overseeing that justice is served through the legal system, and the administrative arm of the ADA.

Website: www.ada.govPhone: 1-800-514-0301U.S. Department of Labor (DOL)

The US DOL provides information on how to create a USERRA claim.

Website: www.dol.gov/vetsPhone: 1-866-4-USA-DOLDOL, Office of Federal Contract Compliance Programs (OFCCP)

This division of the department of labor is responsible for compliance with contractor affirmative action requirements for veterans set up by VEVRAA.

Website: http://www.dol.gov/ofccp/regs/statutes/4212.htmPhone: 1-800-397-6251National Resource Directory (NRD)

Department of Defense (DoD), Department of Veterans Affairs (VA), and DOL partner to offer job resources for veterans.

Website: www.nationalresourcedirectory.govPhone: 1-800-342-9647DOL One Stop Career Centers

The Department of Labor Career Centers help disabled veterans get coaching and find work.

Website: www.careeronestop.orgPhone: 1-877-348-0502Employer Assistance and Recruiting Network (EARN)

This organization is another resource for disabled veterans looking for work to get picked for recruiting opportunities.

Website: www.AskEARN.orgPhone: 1-855-Ask-EARN (1-855-275-3276)Occupational Information Network (O*NET) Online

This is a data resource for job seekers that provides information on occupations.

Website: www.onetcenter.org/U.S. Department of Veterans Affairs

The US Department of Veteran Affairs, or VA, is the government agency that manages, monitors and oversees veteran programs, benefits and treatment in the United States.

Website: www.va.govPhone: 1-800-827-1000U.S. Office of Personnel Management

Through the Office of Personnel Management veterans can link up with federal positions under the “Feds Hire Vets” program.

Website: www.fedshirevets.gov/Phone: 1-202-606-5090EEOC Enforcement Guidance: Reasonable Accommodation Information

This resource helps employers and disabled veterans understand situations of reasonable accommodation and undue hardship.

Website: www.eeoc.gov/policy/docs/accommodation.html

The ADA And Veteran Protection

While the ADA is not veteran-specific legislation, when it comes to injured veterans with disabilities, it’s an important piece of employment law that helps to protect their rights. Between the ADA, VEVRAA, USERRA and other laws and agencies discussed in this article, there are many opportunities for veterans to seek recourse for discrimination including filing a claim, seeking mediation and taking legal action. The important thing is to know your rights.

Contact A Veteran Discrimination Lawyer Today

If you or a family member are a veteran who has been a victim of veteran discrimination, you need a lawyer working for you to ensure you receive the help, support, services and lifestyle that you are entitled to. You sacrificed for your country and now it’s time for your country’s legal system to work to protect your rights. If you served in the military and are being discriminated against, Florin|Roebig has a live person waiting to talk to you. Call us today to schedule a confidential and free case evaluation.

Source: florinroebig.com

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