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Honoring Veterans: Remember and Review Workplace Laws That Protect Our Troops
Practical Law Legal Update 4-620-0958 (Approx. 6 pages)
Honoring Veterans: Remember and Review Workplace Laws That Protect Our Troops
by Practical Law Labor and Employment
| Law stated as of 10 Nov 2015 • USA (National/Federal) |
In commemoration of Veterans Day 2015, this Legal Update highlights Practical Law's suite of resources about employment laws protecting veterans and military service personnel, their families, and caregivers.
Veterans in the US Workforce
In 2014, there were 21.2 million American military veterans, comprising approximately 9% of the civilian population aged 18 and over. About 3.2 million of those veterans served in post-9/11 conflicts. About 3.4 million veterans, or about 16%, had a military service-connected disability. (See Bureau of Labor Statistics (BLS): Employment Situation of Veterans - 2014.)
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. Consistent with these protections, the BLS announced earlier this year that the 2014 unemployment rate for veterans in many age groups declined from the previous year (see Bureau of Labor Statistics (BLS): Employment Situation of Veterans - 2014).
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. The federal government also gives hiring preference to certain veterans, especially veterans with a service-connected disability. There are several 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 (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.
- The Family and Medical Leave Act (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.
- The Vietnam Era Veterans' Readjustment Assistance Act (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)).
- The Veterans Employment Opportunities Act (VEOA), which provides remedies for certain federal employees and applicants who are eligible for veterans' preference in hiring if a federal executive agency violates the veteran's preference rights (see Practice Note, Civil Service Protections for Federal Employees: Overview: VEOA).
State Laws Protecting Veterans
In addition to the broad legal protections under federal law, many states have enacted laws prohibiting discrimination and harassment of veterans and other expanded protections. These states include:
- California. 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). California also requires employers to provide leave from employment to employees in the military and, in some circumstances, to military spouses (Cal. Mil. & Vet. Code §§ 394 and 394.5 and see State Q&A, Leave Laws: California).Connecticut. Connecticut's licensing statutes 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). Connecticut has other expanded protections for veterans, including:
- state benefits eligibility for veterans discharged from the armed services based solely on their sexual orientation (Conn. Gen. Stat. § 27-102q); and
- state military leave law that provides protected leave from employment for state military duty (Conn. Gen. Stat. § 27-33a).
- Indiana. Under Indiana's Civil Rights Law, it is 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.
- Kentucky. Under Kentucky's Equal Employment Opportunity Act, employers holding a contract with the state government are prohibited from discriminating on the basis of an individual's veteran status (Ky. Rev. Stat. Ann. § 45.570(2)(a)).
- Louisiana. 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 (La. Rev. Stat. Ann. § 23:331).
- Washington. Washington's Law Against Discrimination prohibits employment and other discrimination on the basis of military status or status as an honorably discharged veteran (Wash. Rev. Code § 49.60.180(1)).
Many more states provide job-protected leave to employees for military service. In some circumstances, military spouses are also eligible for leave. For more information on state military leave laws, see Leave Laws: State Q&A Tool.
Resources for Employers
Employers should be aware of the protections and reporting requirements governing veterans in the workplace and ensure that their policies and practices comply with legal requirements. Practical Law has a variety of resources to help employers comply with this 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.