Understanding Employment Rights of Veterans in Detail
Men and women who have served the nation through military roles deserve the utmost respect. More importantly, they should be given equal opportunities in seeking employment after their services. In acknowledgment of their selfless effort and sacrifice, the American government has provisions in place that guard against discrimination at the workplace based on their veteran status. This article aims to explicate the rights that veterans have regarding employment.
Veterans' Preference for Federal Jobs
According to the Veterans' Preference Act of 1944, military veterans get preference over others for federal job appointments. When applying for federal jobs, both disabled and non-disabled veterans are given certain preferences in recognition of their service to the nation. The preference does not guarantee the veterans a job but puts them ahead of others if they are equally qualified.
Veterans' Employment Opportunities Act (VEOA)
The Veterans' Employment Opportunities Act (VEOA) of 1998 allows preference eligible veterans or veterans separated from the armed forces under honorable conditions after three years or more of active service, to compete for vacant positions in the competitive service. This act was created to address the barriers that veterans face in transitioning from military to civilian jobs. It does not guarantee a job but provides an avenue for veterans to compete for available roles. Under the VEOA, a veteran cannot be denied the opportunity to compete for available jobs unless the employer can demonstrably prove that he or she is not qualified for the role.
Uniformed Services Employment and Reemployment Rights Act (USERRA)
The Uniformed Services Employment and Reemployment Rights Act (USERRA), protects service members' reemployment rights when returning from a period of service in the uniformed services, including those called up from the reserves or National Guard. It also prohibits employer discrimination against service members because of their military status or obligations.
Veterans with Disabilities and the Americans with Disabilities Act (ADA)
Under the Americans with Disabilities Act (ADA), employers are prohibited from discriminating against qualified individuals with disabilities, and this includes veterans with service-related disabilities. Employers are mandated to provide "reasonable accommodations" to veterans with disability unless it causes significant hardship (undue burden) to the business.
The notion of reasonable accommodation includes but is not limited to making adaptations or modifications to a job application process, work environment, or the manner or circumstances under which a position is typically performed. This enables an applicant or an employee with a disability to enjoy equal employment opportunities.
Vocational Rehabilitation and Employment (VR&E)
The Department of Veterans Affairs offers Vocational Rehabilitation and Employment (VR&E) services to help with job training, employment accommodations, resume development, and job seeking skills coaching. Other services may be provided to assist Veterans in starting their own businesses or independent living services for those who are severely disabled and unable to work in traditional employment.
Veterans' Rights Against Discrimination
Apart from the rights to compete fairly for federal jobs and the prohibition of discrimination due to disability, veterans are also protected from discrimination under the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA). The Act prohibits employers with contracts or subcontracts of $100,000 or more from the federal government from discriminating against qualified covered veterans. It also mandates these employers to take affirmative action to hire and promote such veterans. Any veteran who thinks he or she has been discriminated against on the basis of veteran status can file a complaint with the Department of Labor's Veterans' Employment and Training Service (VETS).
A Final Note on Veterans' Employment Rights
In conclusion, the rights extended to veterans regarding employment aim to not only honor their service but also to facilitate their re-integration into society's everyday tasks. They provide necessary scaffolding for veterans to lead fulfilling lives post their service period by ensuring they have fair employment opportunities. From a constitutional rights perspective, policies such as the VEOPA, USERRA, ADA, VR&E, and VEVRAA help prevent undue discrimination faced by veterans because of their service history or any disabilities incurred therein.
While these rights are comprehensive, it is crucial for veterans to be aware of them and assert them as needed. Awareness is the first step towards ensuring that these rights are not overshadowed and are public knowledge. On the flip side, employers, too, must be cognizant of these rights to uphold the value of equality in their practices and ensure robust, diverse, and inclusive work environments. Finally, realizing these rights in everyday corporate scenarios will help ensure veterans receive the recognition and respect they deserve.
