What Does Protected Veteran Status Mean?
As a country, the United States owes a debt of gratitude to its veterans for their selfless service and sacrifice in defending the nation. The country has a system of laws and regulations in place to protect and support the rights of these heroes, including the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. This legislation extended veteran status to Vietnam veterans, who had been previously rejected due to the trauma and health issues they suffered as a result of their service. Since then, the list of protected veteran status groups has expanded to include individuals who have served in all eras, not just Vietnam.
Who Are Protected Veterans?
To qualify for protected veteran status, an individual must fall into one of the following categories:
• Service members who served on Active Duty in the military (Army, Navy, Air Force, Marine Corps, or Coast Guard) since September 11, 2001.
• Service members who were mobilized to active duty under Section 688 of Title 10 of the U.S. Code, including mobilization due to crisis and military responses (e.g., post-9/11 Iraq and Afghanistan Wars).
• Service members who have a disability resulting from serving on active duty during World War II, the Korean War, or the Vietnam War.
• **Recent combat veterans (veterans who have been engaged in combat and/or deployment during the current wars).
What are the Protected Veteran Status Protections?
Protected veteran status protections are designed to help prevent discrimination against veterans and veterans with disabilities. The Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP), which enforces the protections, ensures that employers taking federal contracts and grants abide by the laws. Specifically, protected veterans are:
• Protected against job discrimination: Employers taking federal contracts or grants of $10,000 or more must refrain from refusing to hire, refusing to promote, or taking adverse action against a veteran, solely because of their status as a protected veteran.
• Required to give equal consideration in hiring, promotion, and selection procedures: Employers must include protected veterans in all pools of candidates for jobs and promotions, unless doing so would be impossible or unrealistic.
• Permitted to ask for proof of protected veteran status: When applying for federal contracts, employers may request proof of protected veteran status to establish eligibility for special treatment, such as preferences in hiring and promotion.
• Protected against retaliation: An employer cannot take adverse action against a veteran for seeking or exercising their rights as a protected veteran, reporting a violation of protected veteran status, or assisting or participating in an investigation into a protected veteran status complaint.
Additional Protections for Disabled Veterans
Veterans with disabilities who were incurred or aggravated during active duty are entitled to:
• Disability Preference: When hiring, a veteran with a service-connected disability may receive five or ten points, depending on the level of their disability, to their passing score on the federal application (Schedule A) to get a job with the government.
• Employment Preference: A veteran with a service-connected disability is entitled to receive consideration under the Veterans Employment and Training Service (VETS) employment preference, which offers hiring preferences in certain positions.
Enforcement of Protected Veteran Status
If an employer takes federal contracts or grants, the Office of Federal Contract Compliance Programs (OFCCP) is responsible for ensuring that these employers comply with protected veteran status laws. Complaints can be filed through the OFCCP portal or by contacting a district office. Penalties may be imposed for non-compliance, including:
• Fines: A fine of up to $100,000 may be imposed for a single willful violation of protected veteran status.
• Corrective Action: OFCCP may order the employer to take corrective action to eliminate the effects of any employment discrimination.
• Damages: Victims of discrimination may be entitled to compensation, including back pay and future benefits.
Conclusion
Protected veteran status is an important concept that safeguards the rights of individuals who have served in the United States military. Employers with federal contracts or grants of $10,000 or more are required to ensure that protected veterans receive equal opportunities in hiring, promotion, and selection procedures, as well as protecting them against job discrimination, retaliation, and harassment. For employers who fail to comply with these regulations, there may be severe penalties, making it essential to understand the laws and regulations governing protected veteran status.
