Veterans deserve our utmost respect and gratitude for their sacrifices to protect our country. Unfortunately, stereotypes and prejudicial assumptions about servicemembers do exist, even among federal civilian employers.
When veterans face targeted mistreatment in the workplace, it’s not just unacceptable—it’s illegal under federal law.
This blog will cover what veterans should know about military discrimination in the federal workplace. We’ll discuss the laws that protect service members in the federal workplace and cover examples of veteran discrimination to watch out for.
Protections for Veterans in the Federal Workplace
Federal law grants military veterans a number of rights and protections when they return to civilian life. Let’s look at some of these protections specifically offered to veterans seeking federal civilian employment or reemployment.
Uniformed Services Employment and Reemployment Rights Act
This federal law is the foundation of the protections against veteran workplace discrimination. The Uniformed Services Employment and Reemployment Rights Act (USERRA) bans all public and private civilian employers from discriminating based on an employee or job candidate’s past, present, or future military service.
This means that it’s illegal to consider someone’s military service when it comes to employment decisions such as hiring, firing, promoting, extending benefits, and more. Under USERRA, certain service members can also receive other employment benefits.
For example, if an eligible veteran leaves civilian employment to perform military service, they have the right to be promptly reemployed in their prior position when they return.
Americans with Disabilities Act and Rehabilitation Act
Many veterans also enjoy protections under the Americans with Disabilities Act (ADA). The ADA prohibits employers from discriminating against qualified employees with a physical or mental disability.
This includes discrimination against veterans with PTSD or other psychological impairments acquired through military service or otherwise. Although the ADA enforces these protections in the private sector, the Rehabilitation Act applies the same standards and rights to employees with disabilities in the public sector.
It’s important to note that the ADA definition of disability is different from the standards used by the VA to assign disability ratings for service-connected medical conditions. Under the ADA, a disability is a mental or physical impairment that prevents someone from performing one or more “major life activities,” including:
- Seeing,
- Standing,
- Walking,
- Eating,
- Speaking,
- Concentrating, and
- Many more.
Veterans with medical conditions that interfere with these or other major life activities are entitled to reasonable accommodations from an employer.
Reasonable accommodations can include a variety of alterations to the work environment that allow the veteran to fulfill their job duties despite their physical or mental limitations.
Employers who refuse to consider requests for disability accommodations or retaliate against you for making such requests are violating federal law.
What Does Military Discrimination in the Workplace Look Like?
Employment discrimination against military service members can take many forms. Some examples of veteran discrimination at work include:
- Disqualifying a veteran from promotion because of their service,
- Firing a veteran with PTSD who requests medical leave,
- Refusing to hire military service members,
- Demoting a servicemember after they return from active duty,
- Harassing or mocking veterans in the workplace,
- Isolating or excluding service members from informal networks or professional resources,
- Holding military service members to different disciplinary standards than other employees,
- Ignoring a disabled veteran’s requests for reasonable accommodations, and
- Denying veterans and their families access to health or other employee benefits.
This is not an exhaustive list. Keep in mind that some discriminatory behaviors can be subtle and easy to overlook as part of regular workplace conflict. If you’re unsure whether you’re facing targeted mistreatment, it’s best to consult with an employment lawyer.
Can a Protected Veteran Be Fired?
If you’re an eligible service member, USERRA may prohibit your employer from firing you without cause for a period after you return to civilian work.
This doesn’t mean that you can’t be terminated at all. It just means your employer must have a valid, business-related reason for dismissing you.
Under USERRA, protected veterans who served for more than 180 days can’t be fired without cause for up to one year after their reemployment.
For veterans who performed for between 30 and 180 days of service, this protection extends up to six months after you return to civilian work.
Defending the Rights of Veterans in Public Service
Targeted mistreatment of military service members in the workplace is just as illegal as discrimination due to sex, race, or religion. If you suspect that the mistreatment you face at work is motivated by your veteran status, contact an employment lawyer immediately.
At the Federal Employment Law Firm of Aaron D Wersing PLLC, we’re proud to represent those who have served our country. Our attorneys know federal employment law and veteran discrimination protections inside and out, and we’re prepared to help you understand and exercise your legal rights.
With years of experience advocating for federal employees, our legal team has the skill, integrity, and dedicated support to help you get the justice you deserve. Contact our office by phone or online to learn more and schedule a consultation.
Aaron Wersing, Attorney at Law
Aaron Wersing is the founder of the Law Office of Aaron D. Wersing. Mr. Wersing graduated from the Georgia State University College of Law with a Doctorate in Jurisprudence and was the recipient of the CALI Excellence for the Future Award. Mr. Wersing previously attended the University of Georgia, where he received a Bachelor of Business Administration degree in Accounting. Mr. Wersing is an active member of his local community. Mr. Wersing acts as a volunteer attorney with Houston Volunteer Lawyers, the pro bono legal aid organization of the Houston Bar Association. He is also a member of professional legal organizations such as the National Employment Lawyers Association and the American Inns of Court. To reach Aaron for a consultation, please call him at (833) 833-3529.
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