Veterans are guaranteed certain rights under both federal and Ohio law when it comes to civilian employment, and it is illegal to treat them unfairly at work due to their military service. If you have served, it’s important to understand that there are many veterans’ rights in the workplace that offer you crucial protections — and you may be entitled to take legal action if you have been discriminated against in connection with your service.
Veterans are in a protected class under both federal and Ohio law. This means that they cannot be treated unfairly or discriminated against in the workplace based on their service. Significantly, an employer is not permitted to make hiring, firing, or other employment decisions based solely on an employee’s protected status.
Common examples of discrimination against veterans in the workplace can include the following:
A hostile work environment is another way veterans’ rights in the workplace may be violated. Examples of a hostile work environment can include derogatory remarks about a veteran’s military service, exclusion from activities due to veteran status, denial of reasonable accommodations for service-related disabilities, and coworkers or supervisors making comments that belittle combat experiences. Notably, in order to bring a claim for a hostile work environment, the discrimination must have been severe and pervasive enough to create an environment that a reasonable person would consider to be abusive, intimidating, or hostile.
In addition to the state and federal discrimination laws, there are several specific statutes that help to protect veterans’ rights in the workplace. These include the following:
USERRA is a federal law that prohibits civilian (both public and private) employers from discriminating against veterans, as well as present and future service members. Under this law, veterans must promptly be reemployed in their civilian job upon returning from their military service. They must be guaranteed the same seniority, status, and pay that they had if they were not on duty. An employer also cannot deny a promotion or benefits to a veteran based on their military service — or retaliate against them for exercising their rights under USERRA.
However, there are certain requirements that a veteran must meet to qualify for protection under USERRA. They must:
Additionally, to qualify for USERRA, the military service could not have exceeded a period of five years. A person would be disqualified from asserting USERRA rights if they separated from the service with a dishonorable or bad conduct discharge.
The VOW Act is another law that protects veterans’ rights in the workplace — and strengthens the protections afforded to veterans under USERRA. It also assists veterans with transitioning from military service to civilian employment. It provides job skill training, education to qualify for civilian jobs, and early application opportunities for federal jobs prior to discharge.
Under the ADA, employers cannot treat qualified employees or job applicants differently due to a disability. This law protects veterans who have a physical or mental disability that substantially limits their major life activities, including service-connected disabilities like blindness, deafness, amputation, and PTSD. A veteran is qualified for a position if they meet the employer’s training, education, and experience requirements — and they are able to perform the essential functions of the job. The ADA also requires employers to provide reasonable accommodation for disabled employees, such as veterans who may need a service animal or wheelchair.
If you are a veteran and your rights in the workplace were violated, it’s important to discuss your legal recourse with a knowledgeable employment attorney. The next steps you take will depend upon the grounds for your legal claim. For instance, if you believe your USERRA rights were violated, your attorney can help you report it to the U.S. Department of Labor — Veterans Employment and Training Service (DOL-VETS) for investigation. In the event you are not satisfied with the outcome of the VETS decision, you can request that your case be reviewed by the Department of Justice or the Office of Special Counsel. You can also bring a lawsuit directly in federal court.
If your claim will be brought under the Americans with Disabilities Act, you or your attorney would file a complaint with the Equal Employment Opportunity Commission (EEOC). After the EEOC completes its investigation of your charge, you can request a Notice of Right to Sue to bring a claim in federal court. Similarly, if you will be bringing a discrimination claim under Ohio law, you can file a charge with the Ohio Civil Rights Commission (OCRC) and request a right-to-sue letter to commence litigation in state court.
If you are a veteran who experienced unfair treatment in the workplace due to your service, it’s vital to have an experienced employment law attorney by your side who can protect your rights. From our office in Westlake, Lalak LLC is dedicated to upholding veterans’ rights in the workplace and represents service members throughout Ohio for a wide range of employment law matters. We encourage you to contact us for a free consultation to learn how we can help.
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