Discrimination: Veterans in the Workplace

For the past 12 years, America has been engaged in war with Iraq and Afghanistan. According to Paul Rieckhoff, the chief executive officer of the advocacy group Iraq and Afghanistan Veterans of America, 2.

5 million Americans have served in these wars. To date, the Veterans Administration has awarded disability to approximately 670,000 to date with over 100,000 initial claims pending. The disability benefits awarded are for physical and mental injuries. The mental disability has become the more pressing issue among Veterans.

Many are diagnosed with post-traumatic stress disorder (Adams, 2013). It is necessary to introduce current statistics into this research to show the scope of how many Veterans could possibly be affected. See appendix for statistics from 2010 (Lovelace, 2012). Whether they are reservist called to active duty returning to their workplaces or active duty members that fulfilled their obligations and are seeking a new career in the civilian workforce, they are viewed differently and many may be subjected to discrimination in the workplace. This is very unfortunate considering their sacrifices.

“While American troops are overseas, fighting for their country, many people back home have “Support Our Troops” bumper stickers, hang yellow ribbons, and pray for their safe return. But once the veterans return stateside, many find their employers aren’t jumping up and down to have them come back to work" (Ballman, 2012). There are many types of discrimination against Veterans in the workplace. As reported by Home For Heroes, seven common signs of discrimination against veterans have been identified.

(Ballman, 2012)Seven Common SignsFirst, veterans called to active duty return to find the job they previously had is no longer available. “Many employers don’t realize that returning veterans have an absolute right to have their jobs restored when they return from active duty” (Ballman, 2012). Veterans are protected under the Uniform Services Employment and Reemployment Rights Act of 1994 (USERRA). This Act places military service as a protected class. Veterans are protected from employers discriminating against in the workplace or those seeking employment (Moran, 2013, p. 167).

This Act entitles the veteran to have their job restored with all pay and benefits that would have been received while serving on active duty, to include any promotions they may have been qualified for. The case of Justin Slaby verses Federal Bureau of Investigations (FBI) . Justin Slaby lost his hand during a training accident as a Army Ranger in 2004. In 2011, after passing the requirements for the FBI academy, he was accepted into the academy.

Shortly after his training began, he was removed from the academy by the instructors stating that he could not fire a weapon with his prosthetic hand.It was determined that the FBI discriminated against him since they claimed he could not safely discharge a firearm with his prosthetic hand. Since Slaby only fired with his dominate hand, this was a clear case of discrimination and the courts ruled in favor of Slabby. The court ordered that he be allowed to resume training. (Zapotosky, 2013) Second sign, many employers do not want to hire those serving in the reserves. They are concerned that the service member may be recalled to active duty or their required military training will take them out of the workplace for extended periods of time.

In these situations, the userra proctects the service member (Ballman, 2012). The case of Vicent E. Staub verses Proctor Hospital supports USERRA’s protection. Staub was a Army reservist employed by Proctor Hospital. Staub’s affiliation with the Army required him to attend one drill weekend per month and participate in a 2 to 3 week active duty training period during each year. Staub was discriminated against by his supervisors because each time he had to attend training, the department would have to accommodate him and place more work on others to cover his periods.

The Supreme Court ruled that the hospital discharged him because of his military obligations in violation of the USERRA and ruled in Staub’s favor. (Moran, 2013, p. 172) The third sign, the employer takes away accrued vacation time. Under the userra’s protection, an employee that accrues vacation time while servicing on active duty is entitled to receive that time as if they had been there.

(Ballman, 2012) The fourth sign as reported by Donna Ballman is co-workers or bosses harass the veteran.“Sometimes, co-workers or supervisors harass returning service members due to their military service”(Ballman, 2012). The Veterans Opportunity to Work (VOW) to Hire Heros Act of 2011, was signed by President Obama which made harassment of service members illegal (Ballman, 2012). As detailed by the Department of Labor, veterans have a right to work in free of discrimination in the workplace. Veterans are protected against termination, harassment, demotion, or being paid less because of their veteran status.(Dept of Labor, 2013)The fifth sign is an employer will not hire a veteran due to his or his disability.

As indicated earlier in this paper, the Veterans Affairs has awarded over 670,000 service members disability and over 100,000 initial claims are pending (Adams, 2013). These service members are either currently working or looking for work and they are covered under the Americans With Disabilities Act. “The Americans with Disabilities Act makes discrimination based upon a disability illegal. Refusing to hire a veteran, firing a veteran, harassing or demoting a veteran due to a disability is illegal.

If a veteran can perform all duties of the job with a reasonable accommodation, the accommodation must be provided” (Ballman, 2012). This Act is also discussed in greater detail in (Moran, 2013, p. 398). The sixth sign as identified by Ballman is “the boss won’t give the veteran time off for a medical condition” (2012). The service member is covered by the Family and Medical Leave Act (FMLA).

The veteran is protected as long as they have worked at least 1250 hours during the previous 12 months before the start of leave (Ballman, 2012).The seventh and final sign, the employer refuses to give time off to care for a family member. It is clear that some veterans will need ongoing medical treatment upon returning. “The FMLA provides caregiver leave for families of injured or ill military members, including spouse, child, parent and next of kin” (Ballman, 2012). A period of 26 weeks of leave can be taken for covered veterans. This leave can also be taken to hardships that may arise during the veterans deployment.

Pros and Cons The pros to being a veteran currently employed or seeking employment is there are measures to protect against discrimination.Veterans have the right to protection against returning to their job after a deployment or being called to active duty. The protection that as long as the veteran is qualified, they cannot be denied employment because of their past or present military affiliation. With the signing of the Veterans Opportunity to Work to Hire Heros Act of 2011, harassment of veterans in the workplace is illegal (Ballman, 2012). Veterans are protected under the Americans with Disabilities Act. Unfortunately, not all employers accept veterans.

Many have a misconception that veterans all suffer from post-traumatic stress disorder and will always attempt to find other reasons to not hire veterans. Many employers may feel veterans are to rigid or difficult to deal with. They may see hiring a veteran who is currently serving in the reserve forces as a liability due to required training participation and possible recall. Key Learnings Veterans are protected under the Uniform Services Employment and Reemployment Righs Act, the Veterans Opportunity to Work to Hire Heroes Act, the Americans With Disabilities Act, and Family and Medical Leave Act.

Conclusion In today’s workforce, they are many veterans and many veterans seeking employment with increasing numbers every day. Veterans and their families have sacrificed in order to serve their country and deserve to be free from discrimination in the workforce. They may have physical disabilities or mental, but they are protected from discrimination. Employers will continue to attempt to discriminate against veterans and their family members. They must know their rights and the protections set in place to prevent discrimination.