That means, for example, that it is illegal for an employer to refuse to hire a veteran because the veteran has PTSD or was previously diagnosed with PTSD, or because the employer assumes the veteran has PTSD. Title I of the ADA prohibits an employer from treating an applicant or employee unfavorably in all aspects of employment-including hiring, promotions, job assignments, training, termination, and any other terms, conditions, and privileges of employment-because he or she has a disability, a history of having a disability, or because the employer regards him as having a disability. For more information on the reemployment rights of uniformed service personnel, see DOL's website at. USERRA applies to all veterans, not just those with service-connected disabilities, and to all employers regardless of size. See Title 38, United States Code, Chapter 43 - Employment and Reemployment Rights of Members of the Uniformed Services, 38 U.S.C. This could include providing training or retraining for the position at no cost to the veteran. If the veteran is not qualified for that position due to the disability, USERRA requires the employer to make reasonable efforts to help qualify the veteran for a job of equivalent seniority, status, and pay, the duties of which the person is qualified to perform or could become qualified to perform. If the veteran has a disability incurred in, or aggravated during, his or her service, the employer must make reasonable efforts to accommodate the disability and return the veteran to the position in which he or she would have been employed if the veteran had not performed military service. Under USERRA, employers must make "reasonable efforts" to help a veteran who is returning to employment to become qualified to perform the duties of the position he or she would have held but for military service whether or not the veteran has a service-connected disability. Reserve forces and state, District of Columbia, and territory (e.g., Guam) National Guards. It also protects the reemployment rights of individuals who leave their civilian jobs (whether voluntarily or involuntarily) to serve in the uniformed services, including the U.S. USERRA prohibits employers from discriminating against employees or applicants for employment on the basis of their military status or military obligations. Any veteran with a disability who meets the ADA's definition is covered, regardless of whether the veteran's disability is service-connected. Equal Employment Opportunity Commission (EEOC), prohibits private, state, and local government employers with 15 or more employees from discriminating against individuals on the basis of disability. Title I of the ADA, which is enforced by the U.S. USERRA has requirements for reemploying veterans with and without service-connected disabilities and is enforced by the U.S. See Qs &As 6 and 7 for a discussion of laws providing veterans' preference and special hiring for veterans. Two of those laws -the Uniformed Services Employment and Reemployment Rights Act (USERRA) and Title I of the Americans with Disabilities Act (ADA)-protect veterans from employment discrimination. There are several federal laws that provide important protections for veterans with disabilities who are looking for jobs or are already in the workplace.
Are there any laws that protect veterans with disabilities in employment? It also explains the kinds of adjustments (called reasonable accommodations) that may help you be successful in the workplace.ġ.
This guide is intended to answer questions you may have about your rights as an injured veteran, now that you have left the service and are returning to a civilian job or seeking a new job. Other veterans leave service due to injuries or conditions that are not considered service-connected. Common injuries experienced by veterans include missing limbs, spinal cord injuries, burns, post traumatic stress disorder (PTSD), hearing loss, traumatic brain injuries, and other impairments. About 41 percent of Gulf War-era II (post 9/11) veterans report having a service-connected disability, as compared to about 25 percent of all veterans. In recent years, the percentage of veterans who report having service-connected disabilities (i.e., disabilities that were incurred in, or aggravated during, military service) has risen.
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