When is a veteran with a disability protected by the ADA?Ī veteran with a disability is protected by the ADA when he or she meets the ADA's definition of disability and is qualified for the job the veteran has or wants. Documents explaining Title I of the ADA and the Rehabilitation Act can be found on EEOC's website at 2. 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. The ADA also limits the medical information employers may obtain and prohibits disability-based harassment and retaliation.įinally, the ADA provides that, absent undue hardship ("significant difficulty or expense"), applicants and employees with disabilities are entitled to reasonable accommodation to apply for jobs, to perform their jobs, and to enjoy equal benefits and privileges of employment (e.g., access to the parts of an employer's facility available to all employees and access to employer-sponsored training and social events). Similarly, an employer may not refuse to hire a veteran based on assumptions about a veteran's ability to do a job in light of the fact that the veteran has a disability rating from the U.S. That means, for example, that it is illegal for an employer to refuse to hire a veteran because the veteran has PTSD or was previously diagnosed with PTSD, or because the employer assumes the veteran he has PTSD. Title I of the ADA prohibits an employer from treating an applicant or employee unfavorably in all aspects of employment-including hiring, promotions, job assignments, training, termination, and any other terms, conditions, and privileges of employment-because he or she has a disability, a history of having a disability, or because the employer regards him as having a disability. What protections does the ADA provide to veterans with disabilities? The guide also provides information on laws and regulations that employers may find helpful if they want to make recruiting and hiring veterans with disabilities a priority.ġ. This guide describes how the ADA applies to recruiting, hiring, and accommodating veterans with disabilities, and briefly explains how protections for veterans with disabilities differ under USERRA and the ADA. USERRA has requirements for reemploying veterans with and without service-connected disabilities and is enforced by the U. Any veteran with a disability who meets the ADA's definition is covered, regardless of whether the disability is service-connected. Equal Employment Opportunity Commission (EEOC), 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, which is enforced by the U.S. Two of those laws-Title I of the Americans with Disabilities Act (ADA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA)-protect veterans from employment discrimination. There are several federal laws that provide important protections for veterans with disabilities who are looking for jobs or are already in the workplace. Other veterans leave service due to injuries or conditions that are not considered service-connected. Common injuries incurred by these veterans include missing limbs, burns, spinal cord injuries, post traumatic stress disorder (PTSD), hearing loss, traumatic brain injuries, and other impairments. About 41 percent of Gulf-War-era II (post 9/11) veterans report having a service-connected disability, as compared to about 25 percent of all veterans.
Recent veterans report high rates of service-connected disabilities (i.e., disabilities that were incurred in, or aggravated during, military service). Each year, thousands of military personnel stationed around the world leave active duty and return to jobs they held before entering the service, or begin the search for new jobs.
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