Is Military Status a Protected Class?
The short answer is yes, military status is a protected class under federal law. The Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994 and the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) of 1974 provide protections for individuals who have served in the military, are currently serving, or are expected to serve in the future.
What is Military Status?
Military status refers to an individual’s current or past status as a member of the uniformed services, including:
- Active duty
- Reserve duty
- National Guard duty
- Commissioned officer in the Public Health Service or the National Oceanic and Atmospheric Administration (NOAA)
- Commissioned officer in the Ready Reserve or the National Guard
Protected Rights Under USERRA
USERRA provides protections for individuals who have served in the military, including:
- Reemployment rights: Individuals who leave their civilian job to serve in the military are entitled to be reemployed in their previous job or a similar job with the same seniority, status, and pay.
- Job protection: Employers are prohibited from discriminating against employees who have served in the military, including refusing to hire, promoting, or terminating them.
- Benefits and seniority: Employees who have served in the military are entitled to the same benefits and seniority as if they had not left their job to serve.
- Reasonable accommodations: Employers are required to provide reasonable accommodations to employees with service-connected disabilities.
Protected Rights Under VEVRAA
VEVRAA provides protections for Vietnam-era veterans, including:
- Employment opportunities: Federal contractors are required to take affirmative action to employ and advance Vietnam-era veterans.
- Job training and apprenticeships: Federal contractors are required to provide job training and apprenticeships to Vietnam-era veterans.
- Veterans’ preference: Federal agencies are required to give preference to Vietnam-era veterans in hiring and promotion decisions.
Other Protections
In addition to USERRA and VEVRAA, there are other federal laws that provide protections for military personnel and veterans, including:
- Title VII of the Civil Rights Act of 1964: Prohibits employment discrimination based on race, color, religion, sex, or national origin, including discrimination against military personnel and veterans.
- Americans with Disabilities Act (ADA) of 1990: Prohibits employment discrimination against individuals with disabilities, including service-connected disabilities.
- Age Discrimination in Employment Act (ADEA) of 1967: Prohibits employment discrimination against individuals 40 years of age or older, including military personnel and veterans.
Consequences of Violating Protected Rights
Employers who violate the protected rights of military personnel and veterans can face severe consequences, including:
- Lawsuits: Individuals who have been discriminated against or denied their protected rights can file lawsuits against their employers.
- Fines and penalties: Employers who violate USERRA and VEVRAA can be fined and penalized by the government.
- Reputation damage: Employers who violate protected rights can damage their reputation and lose the trust of their employees and customers.
Conclusion
In conclusion, military status is a protected class under federal law, and employers are prohibited from discriminating against individuals who have served in the military, are currently serving, or are expected to serve in the future. Employers who violate these protected rights can face severe consequences, including lawsuits, fines, and penalties. It is essential for employers to understand and comply with these laws to avoid legal and reputational damage.
Table: Protected Rights Under USERRA and VEVRAA
| Protected Right | USERRA | VEVRAA |
|---|---|---|
| Reemployment rights | ||
| Job protection | ||
| Benefits and seniority | ||
| Reasonable accommodations | ||
| Employment opportunities | ||
| Job training and apprenticeships | ||
| Veterans’ preference |
Bullets: Key Takeaways
• Military status is a protected class under federal law.
• USERRA and VEVRAA provide protections for individuals who have served in the military, are currently serving, or are expected to serve in the future.
• Employers are prohibited from discriminating against military personnel and veterans.
• Violating protected rights can result in lawsuits, fines, and penalties.
• Employers must understand and comply with these laws to avoid legal and reputational damage.
