Disabled American Veterans Act

Each year thousands of disabled military personnel return to the civilian labor force needing employment. Provisions in federal and state laws require employers to provide accommodations whenever possible so that disabled veterans can find meaningful work.

Employment Rights

There are two pieces of federal legislation that are designed to protect the employment rights of disabled veterans: the Uniformed Services Employment and Reemployment Rights Act (USERRA) and Title I of the Americans with Disabilities Act (ADA). Protections mandated by these two laws cover the recruiting, hiring and workplace accommodations that veterans with disabilities need to succeed as civilian employees. These laws apply to private and public employers.

Employment Discrimination

The USERRA prohibits employment discrimination against employees or applicants on the basis of military status or obligations. The act protects the rights of employees seeking reemployment in jobs they held before the call to active duty regardless of whether the employees' military service was involuntary or voluntary. Employers are required by the act to provide job-related training to disabled veterans to assist them in becoming qualified to return to work.

Employment Accommodations

The ADA prohibits employers from discriminating against disabled persons who are qualified for a job in hiring, promotion, termination or any other work-related issue. The law requires employers to provide any reasonable job-related accommodation that does not place an "undue hardship" or burden on the employer. An undue hardship is defined in the act as "significant difficulty or expense." Reasonable accommodation may be a job adjustment or assigning an employee to an equally important job that is within her ability level.

Definition of Disability

To receive accommodation, your disability must meet the definition of an "individual with a disability" under the provisions of the ADA. A disabled person is described as someone who has "a physical or mental impairment that substantially limits one or more major life activities." This definition may be different from the description of your disability that was provided to you when the Department of Veterans Affairs certified your disability rating. To receive accommodation, you may need to get a letter from a doctor classifying your disability according to the ADA definition.

Disclosure of Disablity

For a disabled person to receive accommodation, the employer must be aware that job adjustment is needed. Employers are not allowed to ask if you are disabled as part of the application and qualification process. Employers may only seek information on an applicant's disability status for "affirmative action purposes." Disabled persons who need workplace accommodations should be prepared to voluntarily "self-identify" to employers the need for a reasonable accommodation.

References

• Veterans with Service-Connected Disabilities and the Americans with Disabilities Act (ADA): A Guide for Employers
• The U.S. Equal Employment Opportunity Commission: Enforcement Guidance
• The Office of Disability Employment Policy: Job Accommodation Network

Resources

• Tricare: Computer/Electronic Accommodations Program