Military Discrimination in Employment

Texas, Mississippi, New Mexico, Arizona, Washington, D.C., & Massachusetts.

The law defines military discrimination as any adverse action against an employee because of their military status or affiliation. This includes discrimination in hiring, firing, promotion, pay, and other terms and conditions of employment. The Uniformed Services Employment and Reemployment Rights Act (“USERRA”) protects the job rights of individuals who voluntarily or involuntarily go on temporary leave to undertake military or certain types of service in the National Disaster Medical System.

Military Discrimination Laws

The “uniformed services” include the Army, Marine Corps, Navy, Army National Guard, Coast Guard, Air Force, Air National Guard, or Public Health Service commissioned corps. Certain disaster work also counts as uniformed service and qualifies an employee for protection under USERRA.

Protected people include those who are on active duty, inactive duty training, initial active duty training, active duty for training, and funeral honors. They also include a period during which someone leaves his or her employer to be examined to determine his or her fitness to perform any of these duties.

Uniformed Services Employment and Reemployment Rights Act (USERRA)

An employer cannot deny you employment, refuse to reemploy you, fail to promote you, or fail to offer you any benefit or privilege of employment because you have served or intend to serve in the military. Furthermore, an employer may not retaliate against you for exercising a right under USERRA or helping someone else with a claim under USERRA.

• One specific way that USERRA protects you as an employee is its requirement that civilian employers must reemploy you if you:
• Left a civilian job because of your service in the uniformed services;
• Gave notice in advance to your employer that you would be leaving your job for service in the uniformed services, or if you couldn’t give notice because of military necessity or another event that made notice impossible;
• Did not have a period of military service during your work with the same employer that exceeded five years;
• Were not dishonorably discharged, nor left as part of a military punishment, and
• Reported to your civilian job promptly or submitted a timely application for reemployment, except in a case where it would have been impossible to report back timely.

You are entitled to be reemployed in the same position you would have held if you had not left the workforce for military service. This means if you have a job as a senior editor at a newspaper and must leave because you are called to the Navy for two years, you are entitled to return to your job with the same pay, rights, and benefits.

Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)

Prohibits discrimination against protected veterans by federal contractors and subcontractors. VEVRAA also requires employers to take affirmative action to recruit, hire, promote, and retain protected veterans.

Civil Rights Act of 1964

Allows civil rights discrimination complaints to be filed against the VA under Title VI.

If you believe you have experienced discrimination based on military status, contact your state director of veterans employment and training. You can also use legal mechanisms to punish employers who disobey the rules.

Contact Paul N Jones Law Firm Today

At Paul N Jones Law Firm, our experienced military discrimination attorneys will ensure your story is heard. If you face workplace discrimination, we can determine if you have a valid claim and help improve your chances of legal success. He has dedicated his experience and accomplishments on behalf of his clients to achieving justice for workers. He also has many success stories of working with victims of workplace discrimination.