Veteran or service member rights
You have certain employment protections as a veteran or service member.
Two federal laws prohibit discrimination in employment based on your status as a veteran or service member. Under the Uniformed Services Employment and Reemployment Rights Act of 1994, you’re protected from discrimination based on your prior service in the uniformed services; current service in the uniformed services; or intent to join the uniformed services. This is regardless of whether your employer is a private employer, the federal government, a state government, or local government. You may also be protected against discrimination under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) if you are an employee of a federal contractor or subcontractor and meet the definition of a “protected veteran.” Additionally, under both laws, your employer is also prohibited from discriminating against you because of your attempt to enforce your rights or someone else’s rights.
Questions?
We’re here to help.
We are committed to helping you understand your rights as a worker. Many questions about your rights may be answered by using the following elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors:
For additional assistance, please contact:
VETS: 1-866-237-0275 Monday to Friday 8a.m. to 8p.m. ET (Federal Relay Service by dialing 711) or your local VETS office
If you feel you have been discriminated against because of your status as a veteran or service member or because you have attempted to enforce your rights, or someone else’s rights, as a veteran or service member, you have the right to file a complaint and participate in an investigation without being retaliated against by an employer.
For example, your current or any future employer cannot:
- terminate you,
- fail to promote you,
- fail to hire you,
- fail to reemploy you, or
- fail to give you benefits that others received either while you were at work or while you were deployed
because you are a veteran or service member.
Additional resources
elaws Veterans’ Issues Advisors
Employment Law Guide: Employment Nondiscrimination and Equal Opportunity for Covered Veterans
VETS Information on The Uniformed Services Employment and Reemployment Rights Act (USERRA)
VETS Fact Sheet: Your Rights Under USERRA
OFCCP Fact Sheet: Protected Veterans’ Rights
OFCCP Frequently Asked Questions: VEVRAA
Guidance from OFCCP on the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)