What is Protected Veteran Status?
In the United States, protected veteran status is a designation granted to individuals who have served in the military and have experienced certain types of employment discrimination. This status provides additional protections under federal laws, such as the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA), to ensure that veterans have equal opportunities in the job market.
What constitutes protected veteran status?
To be considered a protected veteran, an individual must have:
- Served in the military for at least 90 days: This includes active duty, active duty training, and inactive duty training (such as weekend drills for the National Guard or Reserve).
- Been separated from the military: This includes honorable discharges, medical discharges, and other types of separations.
- Been subject to certain types of employment discrimination: This includes being treated unfairly or differently based on their military service or experience.
Types of protected veteran status
There are several types of protected veteran status, including:
- Vietnam-era veterans: Those who served in the military during the Vietnam War era (August 5, 1964, to May 7, 1975).
- Disabled veterans: Those who have a service-connected disability.
- Recently separated veterans: Those who have been separated from the military within the past 3 years.
- Active duty wartime or campaign badge veterans: Those who have served on active duty during a period of war or in a campaign or expedition for which a campaign badge has been authorized.
Protected veteran status benefits
Protected veteran status provides several benefits, including:
- Equal employment opportunities: Protected veterans are entitled to equal employment opportunities, regardless of their military service or experience.
- No employment discrimination: Protected veterans are protected from employment discrimination, including discrimination based on their military service or experience.
- Reasonable accommodations: Employers must provide reasonable accommodations to enable protected veterans with disabilities to perform their jobs.
- Priority hiring: The federal government and some government contractors are required to hire veterans before hiring non-veterans.
What is not protected veteran status?
Not all individuals who have served in the military are considered protected veterans. The following individuals are not protected veterans:
- Those who did not serve for at least 90 days: Those who served in the military for less than 90 days are not considered protected veterans.
- Those who were honorably discharged but did not serve during a period of war or in a campaign or expedition: Those who served in the military but did not serve during a period of war or in a campaign or expedition are not considered protected veterans.
- Those who were subject to employment discrimination but not due to their military service or experience: Those who were subject to employment discrimination for reasons other than their military service or experience are not considered protected veterans.
How to claim protected veteran status
To claim protected veteran status, an individual must:
- Check the box: Check the box on job applications and other forms that ask if you are a protected veteran.
- Disclose your status: If you are asked about your protected veteran status, be prepared to disclose your status and provide documentation, if requested.
- Submit documentation: If you are a disabled veteran, be prepared to submit documentation of your disability, such as a letter from a VA doctor.
Conclusion
Protected veteran status is a vital designation that provides important protections and benefits to individuals who have served in the military. By understanding what constitutes protected veteran status, what types of protected veteran status exist, and the benefits and limitations of this status, individuals can navigate the job market with greater confidence and security. Whether you are a veteran or an employer, it is essential to understand the rules and regulations surrounding protected veteran status to ensure equal employment opportunities for all.
