Veteran discrimination in workplaces is an issue that many service members, both active and retired, may face when transitioning to civilian careers.
Despite the sacrifices made by military personnel, those who have served in the military—especially disabled veterans—often encounter obstacles related to employment discrimination.
In the United States, there are laws in place to safeguard the rights of these individuals and ensure they are treated fairly in the workplace. This article explores veteran discrimination in workplaces, the protections available under federal laws, and what veterans can do if they believe they are facing employment discrimination.
What is Veteran Discrimination in Workplaces?
Veteran discrimination occurs when an employer treats an employee or job applicant unfairly based on their veteran status, military service, or related disabilities. This form of discrimination may take various forms, including:
- Refusal to hire or promote veterans based on their military service.
- Harassment or unfair treatment of veterans in the workplace due to their military status or related impairments.
- Discrimination against disabled veterans, especially those with physical or mental impairments such as post-traumatic stress disorder (PTSD).
Veteran discrimination is prohibited by several federal laws, which aim to protect service members and veterans, ensuring they have equal opportunities in the workforce. These protections extend to veterans, disabled veterans, and even those currently serving in the military.
Legal Protections Against Veteran Discrimination
1. Uniformed Services Employment and Reemployment Rights Act (USERRA)
The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a vital federal law that protects the rights of individuals who perform military service. Under USERRA, employers are prohibited from discriminating against employees or job applicants due to their military service, military status, or veteran status. Key protections include:
- Reemployment rights: Veterans are entitled to be reemployed in their civilian jobs if they were temporarily absent due to military service.
- Non-discrimination: Employers cannot make hiring decisions or retaliate against veterans because of their service or military status.
- Reasonable accommodation: Employers must make reasonable accommodations for veterans with disabilities related to their military service.
2. The Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) provides additional protections for disabled veterans, particularly those with physical or mental impairments resulting from their military service. This law prohibits employment discrimination based on disabilities and requires employers to provide reasonable accommodations for employees with disabilities.
For example, if a veteran has PTSD or a physical disability related to their military service, they may be entitled to reasonable accommodations that allow them to perform the essential functions of their job. This could include adjustments to work schedules, modifications to the work environment, or the provision of assistive technology.
3. Federal Contract Compliance Programs
For employers who hold federal contracts, compliance with federal contract compliance programs is mandatory. These employers must adhere to regulations that prohibit discrimination based on veteran status and military service. This includes ensuring that veterans, including disabled veterans, are provided with equal opportunities in hiring, promotions, and other employment practices.
4. Veterans’ Preference Act
The Veterans’ Preference Act mandates that veterans, especially those with service-connected disabilities, be given preference in federal hiring decisions. This law applies to federal agencies and requires them to provide veterans with priority when hiring for federal government positions. It’s important to note that this preference applies to qualified disabled veterans and protected veterans, ensuring that those with military service or disabilities receive fair treatment in federal employment.
5. Equal Employment Opportunity Commission (EEOC)
Veterans who believe they have been subjected to veteran discrimination in the workplace can file complaints with the Equal Employment Opportunity Commission (EEOC). The EEOC enforces federal laws prohibiting employment discrimination and can investigate complaints related to veteran discrimination. If the EEOC finds merit in a complaint, it can take legal action against the employer on behalf of the veteran.
6. The Rehabilitation Act of 1973
The Rehabilitation Act of 1973 extends similar protections as the ADA for federal employees and federal contractors. It specifically ensures that veterans with disabilities are not discriminated against in federal employment. The Rehabilitation Act also emphasizes the requirement for reasonable accommodations for disabled veterans in federal workplaces.
Civil Rights Act of 1964 (Title VII)
While the Civil Rights Act primarily addresses discrimination based on race, color, religion, sex, or national origin, it also provides protections for veterans, particularly in how they may face employment discrimination due to their military status or veteran status. Under Title VII, veterans cannot be discriminated against on the basis of characteristics that are unrelated to their ability to perform the job.
Veterans Employment Opportunities Act (VEOA)
This act ensures that veterans, especially protected veterans, are given priority in hiring and promotion within federal agencies, providing veterans a distinct advantage in applying for federal jobs. VEOA applies only to federal government agencies and aims to provide veteran preference in federal hiring. It does not apply to private companies.
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
VEVRAA mandates that federal contractors take affirmative action to hire and promote veterans, with a particular focus on disabled veterans and veterans with post-traumatic stress disorder (PTSD). VEVRAA applies to federal contractors and subcontractors (private companies or businesses that do business with the government).
Special Considerations for Disabled Veterans
Disabled veterans often face unique challenges in the workplace, particularly when their impairments are related to their military service. Under both the Americans with Disabilities Act and the Rehabilitation Act, these veterans are entitled to reasonable accommodations to help them succeed in their civilian jobs. Common accommodations might include:
- Modified work schedules
- Adjustments to physical workspaces
- Changes in job duties or assignments
- Additional support to perform military-related tasks
If an employer fails to provide these reasonable accommodations, it may be considered employment discrimination under the law.
How Veterans Can Protect Their Rights
If you are a veteran facing discrimination in the workplace, it’s important to take the following steps:
- Document the Discrimination: Keep detailed records of any discriminatory actions, such as unfavorable treatment, verbal abuse, or denial of reasonable accommodations.
- Know Your Rights: Familiarize yourself with your rights under laws like USERRA, the ADA, and the Veterans Preference Act. Understanding your legal protections will help you advocate for yourself effectively.
- Contact the EEOC: If you believe you have been a victim of employment discrimination, you can file a complaint with the EEOC. The EEOC will investigate your case and may help you resolve the issue.
- Seek Legal Assistance: An experienced attorney specializing in employment discrimination can help you navigate your case, advise you on your rights, and represent you in legal proceedings.
Real-Life Cases of Veterans Suing Employers for Workplace Discrimination
While federal laws provide strong protections for veterans against discrimination in the workplace, there have been numerous real-life cases where veterans have had to take legal action to assert their rights.
Richard A. Simmons v. American Eagle Airlines (2012)
In 2012, Richard A. Simmons, a U.S. Army veteran who served in the Gulf War, filed a lawsuit against American Eagle Airlines after he claimed he was denied a job opportunity because of his military service. Simmons had applied for a job with the airline but was allegedly informed that he was no longer considered for the position after the employer learned of his military background.
The case centered on the Uniformed Services Employment and Reemployment Rights Act (USERRA), which protects service members from discrimination based on their military status. Simmons argued that his military service was the primary reason for the job offer being rescinded, which is a violation of his reemployment rights under USERRA. The court ruled in Simmons’ favor, acknowledging that the airline had discriminated against him due to his military service. The case was an important reminder that veterans cannot be penalized for their military commitment when seeking civilian employment.
National Guard Member Sues County for Discrimination (2014)
In a case against a local government employer, a National Guard member sued a county government for employment discrimination in 2014. The veteran, who had served in the National Guard, claimed that his employer discriminated against him when he was denied promotions and subjected to negative performance reviews after taking leave for military service. According to the lawsuit, the county’s actions violated the Uniformed Services Employment and Reemployment Rights Act (USERRA), which guarantees reemployment and non-discriminatory treatment for individuals who perform military service.
The court found in favor of the veteran, ruling that the employer’s actions were in violation of federal law. The case emphasized that National Guard members and other reservists have the same rights under USERRA as full-time active-duty military personnel when it comes to employment opportunities, promotions, and leave. The veteran was awarded damages, including back pay and compensation for emotional distress.
U.S. Army Veteran Sued Verizon for Disability Discrimination (2016)
In 2016, Eric M. Willis, a U.S. Army veteran who served in Iraq and was disabled as a result of his service, sued Verizon Communications for disability discrimination under the Americans with Disabilities Act (ADA). Willis, who had sustained injuries during his deployment, was working as a customer service representative for Verizon when his performance evaluations took a downward turn. He claimed that the company unfairly penalized him for taking medical leave and for needing certain reasonable accommodations due to his disabilities.
Willis argued that his disability, which included physical injuries and post-traumatic stress disorder (PTSD), was a significant factor in his mistreatment at work. Verizon allegedly failed to provide reasonable accommodations, which violated both the ADA and the Veterans Affairs guidelines for disabled veterans. The case ultimately settled, with Verizon agreeing to provide compensation to Willis, as well as additional training for supervisors to address veterans’ issues related to disability accommodations.
Vietnam Era Veteran vs. Public School District (2018)
In a case that involved a Vietnam-era veteran, James Leary filed a lawsuit against a public school district in 2018, alleging employment discrimination based on his veteran status. Leary, who had been employed by the school district for over 20 years, claimed he was subjected to adverse treatment, including denial of promotions and unfair job evaluations after he disclosed his military service. He further argued that the school district did not comply with the Veterans Employment Opportunity Act (VEOA), which requires federal employers and contractors to prioritize veterans in hiring and promotions.
Leary’s case revolved around the fact that he was a protected veteran and had a right to be treated fairly in his employment, particularly because of his qualifications and years of service. The school district denied the accusations, but after a legal battle, the court ruled in favor of the veteran. The school district was found to have engaged in discriminatory practices, and Leary was awarded damages for lost wages and emotional distress.
Disabled Veterans Case Against Major Retailer (2020)
In 2020, a group of disabled veterans filed a class-action lawsuit against a major national retailer, alleging violations of the Americans with Disabilities Act (ADA) and the Rehabilitation Act. The veterans, all of whom were employed in various roles across the retailer’s stores, claimed that the company systematically denied reasonable accommodations to veterans with service-connected disabilities, including mobility impairments and mental health conditions such as PTSD.
The lawsuit alleged that the retailer had a pattern of denying accommodations such as flexible scheduling, modified duties, or work-from-home options, all of which are required under the ADA for employees with physical or mental impairments. The company was also accused of failing to provide adequate support and making assumptions about veterans’ abilities based on their disabilities. The case was eventually settled with the company agreeing to make changes to its accommodation policies and pay financial compensation to the veterans involved.
Conclusion: Protecting the Rights of Veterans
Veteran discrimination in workplaces is a serious issue that impacts many service members as they transition to civilian life. However, federal laws, including USERRA, the ADA, and the Veterans Preference Act, provide strong protections for veterans and ensure they have equal opportunities in employment.
Veterans who experience discrimination or harassment in the workplace due to their military status or disabilities have several legal avenues to address the issue. Understanding your rights and seeking legal assistance can help you protect your career and ensure fair treatment in the workplace.
If you are a veteran facing employment discrimination, contact Bourassa Law Group to discuss your case and explore your legal options for achieving justice.
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