Whereas there are a number of employment-related laws that impact and protect veterans, three of the most frequently researched are: (1) The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA); (2) Americans with Disabilities Act (ADA); and (3) Family Medical Leave Act (FMLA). Brief information and related resources for each of these laws follow.

Uniformed Services Employment and Reemployment Rights Act of 1994 

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. 

It is important to understand your rights and responsibilities as outlined by USERRA (such as providing proper notification). The more that you, your employer and your personnel office know about USERRA, the less chance there will be for misunderstandings - both before your duty and upon your return. Most employment challenges can be avoided by being candid with your employer about your obligations as a member of one of the Reserve Components.

• For more information about USERRA compliance, see:  (http://www.dol.gov/compliance/laws/comp-userra.htm).

• The Employer Support of the Guard and Reserve/ESGR (http://www.esgr.org) is a free resource that can help you understand your rights and responsibilities under USERRA, and assist your employer with USERRA compliance.

Veterans with disabilities (service-connected or not) are not automatically protected under the Americans with Disabilities Act (ADA).  There is a difference between a Veterans Affairs (VA) service-connected disability rating and the way disability is regarded under the ADA.  The ADA covers more than individuals who were born with disabilities. It also covers individuals who use wheelchairs, were blinded, or became deaf because of an accident or injury, and individuals who are diagnosed with medical conditions such as traumatic brain injury (TBI), major depression and post traumatic stress disorder (PTSD) at any point in their lives.

Further, the ADA does not require that someone be completely unable to work or perform other major life activities. In fact, the law recognizes that many people with physical or mental limitations are capable of working and protects them from discrimination that results from employer misperceptions or from the failure to make what are often simple workplace accommodations.

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” is defined as 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. § 2108. Nevertheless, many Veterans who were wounded, ill or injured 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. 

The ADA does not give preference to Veterans in the hiring or employment process, nor does it require employers to hire Veterans with disabilities.

• For more information about the ADA and comparing ADA to USERRA, please visit:  http://www.eeoc.gov/facts/veterans-disabilities-employers.html.

• For more information about reasonable accommodations, please visit the Job Accommodation Network (JAN), a free service from the U.S. Department of Labor’s (DOL) Office of Disability Employment Policy (ODEP):  http://askjan.org.

On October 28, 2009, President Barack Obama signed into law the National Defense Authorization Act for Fiscal Year 2010 (2010 NDAA), Public Law 111-84. Section 565 of the 2010 NDAA amends the Family and Medical Leave Act (FMLA). These amendments expand the military family leave provisions added to the FMLA in 2008, which provide qualifying exigency and military caregiver leave for employees with family members who are covered military members. 

For more information about the Family and Medical Leave Act National Defense Authorization Act for FY 2010 Amendments, please visit:  http://www.dol.gov/whd/fmla/2010ndaa.htm.

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