Support Our Troops: Honoring Veterans by Expanding Their Workplace Protections

Practical Law Legal Update 0-587-7306 (Approx. 6 pages)

Support Our Troops: Honoring Veterans by Expanding Their Workplace Protections

by Practical Law Labor and Employment

Veterans in the US Workforce

In 2013, there were 21.4 million American military veterans, comprising approximately 9% of the civilian population aged 18 and over. About 2.8 million of those veterans served in post-9/11 conflicts. Nearly 11 million veterans were working or looking for work in the US, accounting for more than 6% of the US labor force (see Bureau of Labor Statistics (BLS): Employment Situation of Veterans Summary Table A).

Veterans face many challenges when they return from service and seek to reenter the civilian workforce. In recognition of these challenges, federal and state governments have enacted employment laws designed to protect and improve workplace opportunities for veterans and military personnel. States continue to pass new laws expanding these protections. Consistent with this trend, the BLS announced earlier this year that the 2013 unemployment rate for veterans in many age groups had declined from the previous year (see BLS: Employment Situation of Veterans Summary).

Federal Laws Protecting Veterans

Employers must be cognizant of current and expanding legal protections for veterans and military personnel. Among other things, federal law offers active and former military service members:

Protection against employment discrimination and harassment based on past, present or future military service.
The right to job-protected military leave.
Rights for their families to take protected leave under certain circumstances.

In addition, federal government contractors and subcontractors must take affirmative steps to employ and advance veterans in employment. There are three primary federal statutes aimed at protecting veterans (and in some instances, their relatives) from employment discrimination and advancing veterans' employment opportunities:

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), which:
- in most cases grants employees rights when returning to work after serving in the uniformed services for fewer than five years;
- requires employers to provide continued health benefits during the first 24 months of military leave; and
- prohibits employment discrimination and harassment on the basis of past, present or prospective military service.
(See Practice Note, Military Leave Law.)
The Family and Medical Leave Act of 1993 (FMLA), which requires in part that covered employers provide eligible employees with unpaid, job-protected leave for certain reasons, including:
- to care for family members who are qualifying covered service members with a serious injury or illness; and
- for a qualifying exigency due to the employee's spouse, child or parent being a military member on covered active duty or their call to covered active duty status.
(See Practice Note, Family and Medical Leave Act (FMLA) Basics.)
The Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA), which imposes a broad range of obligations on federal contractors and subcontractors to promote the employment of veterans (see Practice Note, Affirmative Action: Overview: Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA)). Effective October 25, 2014, a new rule revised the regulations implementing the reporting requirements under the VEVRAA (see DOL's VETS Publishes Final Rule on VEVRAA Reporting Requirements).

New State Laws Protecting Veterans

Despite broad legal protections under federal law, many states have enacted laws prohibiting discrimination and harassment of veterans and providing protected leave for military purposes. Within the past two years, at least four states enacted new laws benefiting veterans, including:

Indiana. Effective July 1, 2014, Indiana amended its Civil Rights Law to make it unlawful to refuse to hire a job applicant based on the applicant's status as:
- a veteran of the US armed forces; or
- a member of the Indiana National Guard or member of a reserve component.
(Ind. Code Ann. § 22-9-10-9.)
California. Effective January 1, 2014, California's Fair Employment and Housing Act (FEHA) includes military or veteran status as a protected class under the state's employment anti-discrimination laws (Cal. Gov't Code § 12920 and see Legal Update, Jackson Lewis: California Employment Discrimination Law Protects Military and Veteran Status).
Connecticut. Connecticut amended its licensing statutes (effective October 1, 2014) to make it easier for returning veterans to reenter the workforce by requiring state licensing agencies and universities to credit veterans for the job training they received in the military when applying for Connecticut job licenses and grant academic credit for their military education (2014 Conn. Pub. Acts 14-131). Effective October 1, 2013, Connecticut also expanded its protections for veterans by:
- reinstating state benefits eligibility for veterans discharged from the armed services based solely on their sexual orientation (Conn. Gen. Stat. § 27-102q); and
- revising state military leave law to provide protected leave from employment for state military duty (2013 Conn. Pub. Acts 13-49), previously only allowed for "meetings or drills" (Conn. Gen. Stat. § 27-33a and see Legal Update, Jackson Lewis: Connecticut Enacts New Laws Expanding Protections for Veterans and Revising the State Military Leave Law).
Louisiana. Effective August 1, 2013, Louisiana employers are prohibited from discharging, disciplining or otherwise discriminating against veterans for taking time off from work to attend medical appointments necessary to obtain veterans' benefits (2013 La. Acts 165 and see Legal Update, Jackson Lewis: Louisiana Enacts Non-discrimination Law Protecting Veterans Seeking Benefits).

Resources for Employers

Employers should be aware of the new and expanding protections and reporting requirements governing veterans in the workplace and ensure their policies and practices comply with legal requirements. Practical Law has published a collection of resources to help employers comply with this evolving area of the law. These resources:

Inform employers of their federal and state employment law obligations to prevent discrimination against and aid veterans, their families and their caregivers under USERRA, the FMLA, related state laws and the VEVRAA.
Identify best practices for administering these laws.
Provide model language for policies and certifications related to these laws.

For links to Practical Law's collection of resources regarding employment protections relating to veterans and military service, see Employment Laws Concerning Veterans Toolkit.

Support Our Troops: Honoring Veterans by Expanding Their Workplace Protections | Practical Law