Return to Home PageEach year, thousands of military personnel stationed around the world leave active duty and seek to return to jobs they held before entering the service or look to find their first, or new, civilian jobs. According to government statistics, between October 2001 and February, 2008, more than 30,000(1) veterans returned home with service-connected disabilities (e.g., amputations, burns, post traumatic stress disorder (PTSD), and traumatic brain injuries).(2)
At least two federal laws provide important protections for veterans with disabilities. The Uniformed Services Employment and Reemployment Rights Act (USERRA), which is enforced by the U.S. Department of Labor (DOL), sets forth the requirements for reemploying veterans with and without service-connected disabilities. Title I of the Americans with Disabilities Act (ADA), which the U.S. Equal Employment Opportunity Commission (EEOC) enforces, prohibits private and state and local government employers with 15 or more employees from discriminating against individuals on the basis of disability. Title I of the ADA also generally requires covered employers to make reasonable accommodations – changes in the workplace or in the way things are usually done that provide individuals with disabilities equal employment opportunities. Section 501 of the Rehabilitation Act applies the same standards of non-discrimination and reasonable accommodation as the ADA to Federal Executive Branch agencies and the United States Postal Service.
This guide briefly explains how protections for veterans with service-connected disabilities differ under USERRA and the ADA, and then describes how the ADA in particular applies to recruiting, hiring, and accommodating veterans with service-connected disabilities.(3)
USERRA prohibits employers from discriminating against employees or applicants for employment on the basis of their military status or military obligations. It also protects the reemployment rights of those who leave their civilian jobs (whether voluntarily or involuntarily) to serve in the uniformed services, including the U.S. Reserve forces and state, District of Columbia, and territory (e.g., Guam) National Guards.
Both USERRA and the ADA include reasonable accommodation obligations; however, USERRA requires employers to go further than the ADA by making reasonable efforts to assist a veteran who is returning to employment in becoming qualified for a job. The employer must help the veteran become qualified to perform the duties of the position whether or not the veteran has a service-connected disability requiring reasonable accommodation. This could include providing training or retraining for the position. See 38 U.S. Code § 4313; 20 C.F.R. §§ 1002.198, 1002.225 -.226. Additionally, reasonable accommodations may be available under USERRA for individuals whose service-connected disabilities may not necessarily meet the ADA’s definition of “disability.” USERRA also applies to all employers, regardless of size. Information on the reemployment rights of uniformed service personnel can be found on DOL’s website at www.dol.gov/vets.
Title I of the ADA prohibits employers from discriminating against qualified individuals with disabilities with respect to hiring, promotion, termination, and other terms, conditions, and privileges of employment. The ADA also prohibits disability-based harassment and provides that, absent undue hardship (“significant difficulty or expense”), applicants and employees with disabilities are entitled to reasonable accommodation. Reasonable accommodations under the ADA range from job-restructuring (e.g., shifting marginal --or minor-- functions that an employee is unable to perform because of a disability to other employees) to reassignment of an employee with a disability to a vacant position, where the employee’s disability prevents performance of the current position or where providing reasonable accommodation in the current position would result in undue hardship. (See Question 7.) Where providing a particular accommodation would result in undue hardship, an employer must consider whether another accommodation would not. Under the ADA, an individual may request a reasonable accommodation any time during the application process or during employment. Additionally, the obligation under the ADA to make a reasonable accommodation is ongoing, meaning that an employer may need to provide an additional or different accommodation from one that it is already providing (e.g., when the nature of a disability or a job changes). Documents explaining Title I of the ADA can be found on EEOC’s website at www.eeoc.gov.
No. A veteran must meet the ADA’s definition of disability. The ADA defines an “individual with a disability” as a person who (1) has a physical or mental impairment that substantially limits one or more major life activities; (2) has a record of such an impairment; or (3) is regarded as having such an impairment. This definition of disability may differ from the definition used in other laws. For example, the term “disabled veteran” means an individual who has served on active duty in the armed forces, was honorably discharged, and has a service-connected disability, or is receiving compensation, disability retirement benefits, or pension because of a public statute administered by the Department of Veterans Affairs or a military department. See 5 U.S.C.A. § 2108. Nevertheless, many veterans who were wounded or became ill while on active duty meet both the definition of “disabled veteran” and the ADA’s definition of “individual with a disability.”
Under the ADA, an individual with a disability also must be “qualified” for the job the individual has or wants. To be qualified, an individual with a disability must meet the employer’s requirements for the job (such as education, training, skills, or licenses) and must be able to perform the job’s essential or fundamental duties, with or without reasonable accommodation.
Yes. Although employers generally may not ask for medical information from applicants prior to making a job offer, they may do so for affirmative action purposes. See EEOC Enforcement Guidance: Preeemployment Disability-Related Questions and Medical Examinations Under the Americans with Disabilities Act of 1990 (1995) at www.eeoc.gov/policy/docs/preemp.html. An employer, therefore, may ask applicants to voluntarily self-identify as individuals with disabilities or “disabled veterans” when the employer is:
An employer also may ask organizations that help find employment for veterans with service-connected disabilities whether they have suitable applicants for particular jobs and may access websites on which veterans with service-connected disabilities post resumes or otherwise express interest in employment.
If an employer invites applicants to voluntarily self-identify, the employer must indicate clearly and conspicuously on any written questionnaire used for this purpose, or state clearly (if no written questionnaire is used), that:
Information collected for affirmative action purposes must be kept separate from the application to ensure that confidentiality is maintained.
Yes. The ADA prohibits discrimination “against a qualified individual with a disability because of the disability of such individual.” However, the law neither prohibits nor requires affirmative action on behalf of individuals with disabilities. An employer, therefore, may--but is not required to--hire a qualified individual with a disability (including a veteran with a service-connected disability) over a qualified applicant without a disability.
Specific rules and regulations govern the hiring of veterans by federal employers. Federal agencies are allowed to use “special hiring authorities” to hire individuals with disabilities outside the normal competitive hiring process, and sometimes are even required to give preferential treatment to veterans, including disabled veterans, in making hiring, promotion, or other employment decisions. See the U.S. Office of Personnel Management’s question-and-answer guide on “Excepted Service—Appointment of Persons with Disabilities and Career and Career-Conditional Appointments” at www.opm.gov/disability/appointment_disabilities.asp and OPM’s “Vet Guide” at www.opm.gov/veterans/html/vetguide.asp; see also OPM’s Disabled Veterans Affirmative Action Program at www.opm.gov/veterans/dvaap.asp.
Even where employers do not specifically recruit veterans with service-connected disabilities, they should make sure that there is nothing in a job announcement or on an application form that would discourage anyone with a disability from applying. For example, employers should not state in vacancy announcements that applicants must be in “excellent health” or describe how a function must be performed (e.g., “requires extended standing”) but, instead, should describe the actual function to be performed (e.g., “requires frequent lifting of objects that weigh more than 50 pounds”). Often, reasonable accommodations are available that will allow a veteran with a service-connected disability to perform a function in a way that is different from the way it is typically done.
In addition to measures specifically applicable to federal employers (see Question 5), there are a number of steps that any employer may take to recruit and hire veterans with service-connected disabilities, such as:
While not all veterans with service-connected disabilities will need an accommodation or require the same accommodation, some may need one or more of the following to apply for or perform a job:
Usually, the process of providing a reasonable accommodation will begin with a request from the individual with a service-connected disability. A family member, friend, health professional, rehabilitation counselor, or other representative also may request a reasonable accommodation on the veteran’s behalf. The request does not have to mention the ADA or use the term “reasonable accommodation” and simply can be an oral or written statement indicating that the individual needs an adjustment or change in the application process or at work for a reason related to a medical condition. A request for reasonable accommodation is the first step in an informal interactive process between the individual and the employer.
The process will involve determining whether the veteran requesting a reasonable accommodation has a disability (where this is not obvious or already known) and identifying accommodation solutions. Employers should ask the particular veteran requesting accommodation because of disability what is needed to do the job. There also are extensive public and private resources to help employers identify reasonable accommodations for employees with particular disabilities. For example, the website for the Job Accommodation Network (JAN) provides a practical guide for employers on reasonable accommodation, as well as information about accommodations for specific disabilities, including one on “Accommodating Service Members and Veterans with PTSD.” See JAN’s website at www.jan.wvu.edu.
Sometimes. During the application process, an employer may explain what the hiring process involves (e.g., an interview, timed written test, or job demonstration) and ask all applicants whether they will need a reasonable accommodation to participate in any part of the process. In addition, if an employer reasonably believes that a veteran with an obvious service-connected disability (e.g., a veteran who is blind or missing a limb) who is applying for a particular job will need a reasonable accommodation to do that job, the employer may ask whether an accommodation is needed and, if so, what type. Once a veteran with a service-connected disability has started working, an employer may ask whether an accommodation is needed when it reasonably appears that the person is experiencing workplace problems because of a medical condition.
Because many veterans may not view their service-related injuries as disabilities, they may not ask, or know that they are entitled to ask, for a reasonable accommodation. As a result, it may be critical for the employer to initiate a conversation with a veteran who is experiencing problems to determine an appropriate accommodation. Working together, the employer and veteran should identify what the veteran cannot do and then discuss ways to address any identified performance issue(s).
This guide includes a list of public and private organizations that can assist employers who want to recruit and hire veterans with service-connected disabilities, or who have more questions about their obligations under USERRA and the ADA. It also includes resources on reasonable accommodation.
EEOC’s website provides enforcement guidances and other policy documents on the ADA.
USERRADOL, through the Veterans’ Employment and Training Service, provides information for employers on USERRA, including a resource guide and fact sheet.
This comprehensive career website is designed to help employers find qualified veterans, as well as help veterans to make the most of a national network of employment resources.
One Stop Career Centers
www.hirevetsfirst.gov/onestop_emp.asp; Careeronestop, www.servicelocator.org
The One Stop Career Centers serve the needs of those looking for jobs and employers seeking employees. They assist businesses with recruitment, training, and retention of skilled workers. There are nearly 2,000 One Stop Career Centers nationwide.
Employer Assistance and Recruiting Network (EARN)
www.earnworks.com, 1-866-EARN NOW (327-6669)
Funded by the U.S. Department of Labor’s Office of Disability Employment Policy (ODEP), EARN is a national toll-free and electronic information referral service to assist employers in locating and recruiting qualified individuals with disabilities who are seeking jobs.
Occupational Information Network (O*NET) Online
www.online.onetcenter.org
Through the Department of Labor, employers may access a comprehensive database that helps align military skills, knowledge, and training with workplace needs. Information on reasonable accommodation also is available.
Vocational Rehabilitation
www.va.gov
The U.S. Department of Veterans Affairs supports a nationwide employment training program for veterans with service-related injuries. There are 56 regional offices which administer this program.
State Veteran Employment Services
www.dol.gov/vets/aboutvets/contacts/main.htm
The U.S. Department of Labor (DOL), through its Veterans Employment Training Service (VETS), helps support a network of local employment service professionals dedicated to assisting veterans with service-related injuries in locating and securing employment.
Veteran Service Organizations (VSOs)
www1.va.gov/vso/
Many of the national VSOs, such as Disabled American Veterans, AMVETS, Paralyzed Veterans Association, and Blinded Veterans Association, offer employment-related services to veterans with service-related injuries in various localities and can be an excellent resource for locating job seekers.
EEOC Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the ADA (2002)
www.eeoc.gov/policy/docs/accommodation.html
This extensive guidance clarifies the rights and responsibilities of employers and individuals with disabilities regarding reasonable accommodation and undue hardship and provides practical examples of the types of accommodations that may be needed to enable a person with a disability to be considered for a position, perform the essential functions of a job, or enjoy the equal benefits and privileges of employment.
Job Accommodation Network (JAN)
www.jan.wvu.edu
JAN provides a variety of resources for employers seeking to hire employees with disabilities. JAN also provides lists of possible accommodations based on specific disabilities as well as links to various other accommodation providers.
Department of Defense Computer/Electronic Accommodations Program (CAP)
ww.tricare.mil/cap
CAP provides assistive technology and services to individuals with disabilities, federal managers, supervisors, and IT professionals.
(1) According to the U.S. Department of Defense (DoD), as of February, 2008, 30,960 military personnel serving in the Global War on Terror (combining Iraq, Afghanistan, and surrounding duty stations) have been wounded in action. See DoD Personnel and Procurement Statistics at http://siadapp.dmdc.osd.mil/personnel/CASUALTY/castop.htm.
(2) The term “service-connected” means, with respect to disability or death, that the disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in the line of duty in the active military, naval, or air service. See 38 U.S.Code § 101.
(3) In this document, the terms “veteran with a service-connected disability” and “disabled veteran” are synonymous. The terms “disability” and “individual with a disability” have the same meaning in this document as they do in Title I of the ADA. For more information about the relationship of these terms to one another, see Question 2.
This page was last modified on February 29, 2008.