Veteran Discrimination in the Workplace
The law protects those who have served our country in the army, navy, air force, Marine Corps, coast guard, national guard, reserve components, and other uniformed services. Whether you need time away from work for training or deployment or whether you are applying for jobs in the first place, state and federal laws give you important leave rights and discrimination protections. A surprising number of employers refuse to do their part to support our men and women in uniform by refusing to hold jobs open during these leave periods or by refusing to hire veterans, reservists, or national guard members. All of these actions are illegal and can lead to claims for lost pay and other damages.
The law also protects wounded warriors and disabled veterans from disability discrimination, including veterans in need of job accommodations due to these disabilities. These protections go beyond the civilian protections against disability discrimination and provide up to two years of leave for service members suffering from injuries received during service or training.
The law requires more than just job protection during time away on a deployment. The law provides that returning service-members are reemployed in the job that they would have attained had they not been absent for military service, with the same seniority, status and pay, as well as other rights and benefits determined by seniority. Employers must make reasonable efforts (such as training or retraining) to enable returning service members to refresh or upgrade their skills upon their return as well.
The Uniformed Services Employment and Reemployment Rights Act (USERRA) allows people victimized by this kind of discrimination to file a lawsuit to recover for their harms and losses.
If you believe you are the victim of veteran or military discrimination or if you are considering requesting an accommodation or leave from work, you should reach out for a consultation today by submitting a form or calling us at 704.940.6399 or 864.516.7526.