What is Protected Veterans Status?
Introduction
In the United States, employment laws are designed to ensure that all individuals are treated fairly and without discrimination. One group that is given special protection is veterans of the United States Armed Forces. Protected Veterans Status (PVS) is a designation that is granted to veterans who have served on active duty in the US Armed Forces, including the Army, Navy, Air Force, Marine Corps, and Coast Guard. PVS is a vital provision that helps to ensure that veterans are not discriminated against in the workplace based on their military service.
What is Protected Veterans Status?
Protected Veterans Status is a provision of federal law that prohibits employers from discriminating against veterans, including those who are active duty, veterans, or those who have been recently separated from the military. Title 38 United States Code (USC) Section 4212 is the specific legislation that defines PVS.
Key Provisions
The key provisions of PVS include:
- Employment Discrimination: Employers are prohibited from discriminating against veterans based on their military service. This includes refusing to hire, promoting, or giving preferential treatment to employees based on their military status.
- Job Recruitment: Employers are required to make a good-faith effort to notify job openings to eligible veterans and to provide information to veterans about job openings that are available.
- Job Referrals: Employers are required to consider veterans for job openings when they are referred by an employment agency or a training program.
- Pay and Benefits: Employers are prohibited from discriminating against veterans in terms of pay and benefits.
Who is Eligible for Protected Veterans Status?
To be eligible for PVS, an individual must have:
- Active Duty: Served in the US Armed Forces at any time during the term of their service.
- Veteran: Served in the US Armed Forces for at least 180 days of active duty, including active duty that was performed during a time of war.
- Recently Separated: Been released from active duty within 3 years of the date of application.
Documentation Requirements
To establish protected veterans status, an individual must provide documentation that proves their eligibility. This includes:
- DD Form 214: A certificate of release or discharge from active duty.
- DD Form 215: A corrected certificate of release or discharge from active duty.
- NGB Form 22: A certificate of eligibility for Montgomery GI Bill benefits.
- NGB Form 23: A certificate of eligibility for Montgomery GI Bill benefits.
How to Establish Protected Veterans Status
To establish protected veterans status, an individual must submit a written request to the employer, including the required documentation. The employer must maintain the confidentiality of the information and may not disclose the individual’s protected veterans status to anyone else.
Consequences of Violating Protected Veterans Status
Employers who violate PVS may be liable for:
- Lost wages and benefits: Lost wages and benefits that are a direct result of the discrimination.
- Liquidated damages: An amount equal to the lost wages and benefits.
- Attorney’s fees and costs: The costs associated with defending the lawsuit, including attorney’s fees.
- Reputation damages: Damages to an employer’s reputation as a result of the violation.
Conclusion
Protected Veterans Status is an important provision that helps to ensure that veterans are not discriminated against in the workplace based on their military service. By understanding the key provisions, eligibility requirements, documentation requirements, and consequences of violating PVS, individuals can take steps to protect their rights and ensure a fair and equal workplace.
Table: Protected Veterans Status Eligibility Requirements
| Category | Eligibility Requirements |
|---|---|
| Active Duty | Served in the US Armed Forces at any time during the term of their service. |
| Veteran | Served in the US Armed Forces for at least 180 days of active duty, including active duty that was performed during a time of war. |
| Recently Separated | Been released from active duty within 3 years of the date of application. |
Bullets: Common Mistakes to Avoid When Establishing Protected Veterans Status
• Failing to provide required documentation.
• Failing to submit the written request in a timely manner.
• Failing to maintain the confidentiality of the information.
• Assuming that protected veterans status applies only to veterans who were discharged with honors.
• Assuming that protected veterans status does not apply to disabled veterans.
