Outten & Golden: Empowering Employees in the Workplace

This Veterans Day

November 11th, 2015 | Grace Baehren

grace baehrenThis Veterans Day we’d like to take a moment to thank all veterans for their service and sacrifice for our country. In turn, we’d like to make sure that veterans are aware of their rights in the civilian workplace. At the federal level, the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is the main source of protections for veterans in the civilian workplace.

USERRA has two main goals:

  • To ensure that veterans seeking civilian employment can do so free from discrimination because of their service; and
  • That should a veteran need to take military leave — or is activated from reserve to active duty status – they can retain their civilian employment and benefits.

Generally, a veteran is eligible for USERRA benefits if they left a civilian job to perform military service and:

– Have given prior written or verbal notice of the military leave to their civilian employer;

– Have 5 years or less of cumulative service during the employment relationship with the civilian employer;

– Have been released from service under conditions other than dishonorable;

– And return to work, or apply for reemployment, at their civilian job in a timely manner after the completion of service.

For more information on veterans’ rights under USERRA and how to enforce these rights, see our page on military leave.

Additionally, it is important to know your state’s laws on military leave. While some state laws merely reinforce the USERRA benefits, others include additional benefits for veterans. To view the applicable laws for your state, see our State Laws on Military Leave page.

Finally, veterans should be aware of the Vietnam Era Veterans’ Readjustment Act (VEVRAA), which provides additional protections to “protected veterans” who are employed by federal contractors. Protected veterans are defined to include disabled veterans and veterans who are recently separated (are within the initial 3 year period after discharge or release from active duty). VEVRAA makes it illegal for federal contractors to discriminate against protected veterans in employment decisions and further requires that federal contractors take affirmative action to recruit, hire, and promote protected veterans. For more information on VEVRAA see this fact sheet from the Department of Labor’s Office of Federal Contractor Compliance Programs.

About the Author: The author’s name is Grace Baehren. Grace Baehren is a student at The University of Hawaii’s William S. Richardson School of Law and an intern at Workplace Fairness.

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