Discrimination Based on Veteran Status
The Uniformed Services Employment and Reemployment Rights Act (USERRA), which is enforced by the U.S. Department of Labor (DOL), prohibits employers from discriminating against employees or applicants for employment on the basis of their military status or military obligations.
It also protects the reemployment rights of those who leave their civilian jobs (whether voluntarily or involuntarily) to serve in the uniformed services, including the U.S. Reserve forces and state, District of Columbia, and territory (e.g., Guam) National Guards. USERRA requires employers to "promptly re-employ" an eligible returning veteran in an "appropriate position" unless the employer can claim legal “impossibility” or “undue hardship.”
In most cases re-employment must occur within two weeks of the veteran reporting back to work. Once the veteran has been re-employed in their job, they cannot be fired for one year, except for cause, regardless of the period of their active duty.
Both USERRA and the ADA include reasonable accommodation obligations for veterans with a disability. However, reasonable accommodations may be available under USERRA for individuals whose service-connected disabilities may not necessarily meet the ADA’s definition of “disability.”
Additionally, USERRA requires employers to go further than the ADA by making reasonable efforts to assist a veteran who is returning to employment in becoming qualified for a job. The employer must help the veteran become qualified to perform the duties of the position whether or not the veteran has a service-connected disability requiring reasonable accommodation. This could include providing training or retraining for the position.
Veterans with disabilities and Vietnam-era veterans are protected classes under the University’s equal opportunity policies covering employment and education.