Summary. In the United States, some veterans have a protected status and cannot be discriminated against in the workplace. These rights are not universal for all veterans but for only protected veterans and those working for qualifying companies. Read on to learn more.
Hiring a veteran is a great way to show support for your country and to help those who have served. Some veterans qualify as protected veterans, while others do not. Some businesses are required to support protected veterans, and others are not. Read on to learn more.
Key Takeaways:
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A protected veteran is someone who cannot be discriminated against in the workplace in accordance with VEVRAA.
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There are four different ways to qualify as a protected veteran: disabled veteran, recently separated veteran, active duty wartime or campaign badge veteran, or armed forces service medal veteran.
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Not all veterans are protected, and the status of a protected veteran may not be permanent.
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Only businesses that have government contracts of $150,000 or more and have employees of 50 or more are required to comply with VEVRAA.
What Is a Protected Veteran?
The United States government identifies some veterans as having protected status, which means they cannot be discriminated against in the workplace. The status was created with an amendment to the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA).
Through this law, not only is it illegal to discriminate against protected veterans, but employers are also required to take affirmative action to recruit, hire, promote, and retain these individuals.
How to Determine if Someone is a Protected Veteran
Under VEVRAA, there are some qualifications that must be answered yes to possibly qualify. An answer of yes to any one of the following moves them closer to qualifying as a protected veteran.
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Disabled Veteran. Are they a veteran of the U.S. Military who is entitled to compensation or would be entitled. Were they not receiving retired pay, or were they discharged or released from active duty due to a service-connected disability.
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Recently Separated Veteran. If they have just been discharged or released from active duty within the past three years, they will probably qualify.
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Active Duty Wartime or Campaign Badge Veteran. If they served in the active war during a period of war outlined in 38 U.S.C. 101 or they served on active duty in any campaign or expedition for which a badge has been authorized.
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Armed Forces Service Medal Veteran. Did they serve on active duty in a U.S. military operation and receive an Armed Forces Service Medal pursuant to Executive Order 12985 (61 FR 1209).
What Is the Difference Between a Veteran and a Protected Veteran?
It’s important to understand that not all veterans qualify for protected veteran status. It’s also possible for someone who is a protected veteran to cease having protected status.
If a veteran qualifies for protected status because they’ve been discharged or released for active duty within three years, when that three-year period expires, they will likely transition back to being a veteran without protected status.
What Rights Does a Protected Veteran Have in the Workplace?
The Office of Federal Contract Compliance Programs (OFCCP) enforces the rights of protected veterans through VEVRAA. The key is that only companies who have federal government contracts for $150,000 or more and have 50 or more employees must comply with VEVRAA.
VEVRAA says that protected veterans have the right to work in an environment free of discrimination; they cannot be denied employment, harassed, demoted, terminated, paid less, or treated less favorably because of their veteran status. They also can request a reasonable accommodation to help them perform their job.
If a company is not legally required to abide by VEVRAA laws, then the veteran, regardless of status, does not have any rights or benefits beyond those extended to other individuals who are not veterans.
Protected Veteran FAQ
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Is the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) only for veterans from the Vietnam conflict?
No, VEVRAA became effective in 2014 for all veterans who meet one of the four qualifications. There is no qualification that requires them to have been involved in the Vietnam conflict.
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Does every employer have to follow VEVRAA?
No, not every employer fits the requirements to follow VEVRAA. An employer who has $150,000 or more in federal government contracts and more than 50 employees does have to comply with VEVRAA.
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Do all veterans qualify for protected veteran status?
No, not all veterans qualify for protected veteran status. There are four classes of protected veterans:
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Disabled veterans who are entitled to compensation from the Department of Veterans Affairs or who were discharged or released from duty due to a service-connected disability.
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Recently separated veterans within three years.
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Veterans who served active duty during wartime or if they earned a campaign badge.
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An Armed Forces Services Medal Veteran.
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Is a protected veteran always a protected veteran?
No, protected veteran status is not permanent. Most veterans qualify for protected status for the first three years after leaving service as they ease back into civilian life. After that, they do not have protected status. Veterans who qualify under the other classes will likely maintain their status permanently.
Final Thoughts
Protected veteran status can be beneficial for veterans who are coming back into the civilian workforce after serving in the United States military. This status may or may not be permanent, and not every veteran will qualify.
Employers need to follow the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 as it pertains to protected veterans but only qualifying employers. Companies that do $150,000 or more in government-contracted work and who have 50 or more employees must follow VEVRAA.
Other employers do not have to uphold those laws, although not discriminating against service members and others in the workplace is always good practice.
References
Author
Kristin Kizer
Kristin Kizer is an award-winning writer, television and documentary producer, and content specialist who has worked on a wide variety of written, broadcast, and electronic publications. A former writer/producer for The Discovery Channel, she is now a freelance writer and delighted to be sharing her talents and time with the wonderful Zippia audience.
