What is a Protected Veteran?

You may have heard the term “protected veteran” but you may not be quite sure what it means or if it applies to you. This guide will explore the definition of a protected veteran, the rights and protections afforded to those with this status, and how it impacts both veterans and employers.

What is a Protected Veteran

A protected veteran is a veteran who falls into one or more categories defined by the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA). This federal law was designed to promote the employment and advancement of veterans in the civilian workforce.

The term “protected veteran” encompasses several specific categories:

1. Disabled veterans
2. Recently separated veterans
3. Active duty wartime or campaign badge veterans
4. Armed Forces service medal veterans

Let’s break down each of these categories to better understand who qualifies as a protected veteran.

Disabled Veterans

A disabled veteran is defined as:

• A veteran who is entitled to compensation under laws administered by the Department of Veterans Affairs (VA)
• A veteran who was discharged or released from active duty because of a service-connected disability

Recently Separated Veterans

This category includes veterans who have been discharged or released from active duty within the last three years.

Active Duty Wartime or Campaign Badge Veterans

These are veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge was authorized.

Armed Forces Service Medal Veterans

This category includes veterans who participated in a U.S. military operation for which an Armed Forces service medal was awarded pursuant to Executive Order 12985.

Am I a Protected Veteran?

If you’re wondering, “Am I a protected veteran?”, consider the following questions:

1. Do you have a service-connected disability?
2. Have you been discharged from active duty within the last three years?
3. Did you serve on active duty during a war or receive a campaign badge?
4. Were you awarded an Armed Forces service medal for participation in a military operation?

If you answered yes to any of these questions, you likely qualify as a protected veteran. However, it’s always best to consult with a Veterans Service Officer or legal professional for a definitive answer based on your specific circumstances.

Protected Veteran Status

Understanding your protected veteran status is important, as it comes with specific rights and protections under federal law. Let’s explore what rights protected veterans have and how this status safeguards you in the civilian workforce.

What Rights Do Protected Veterans Have?

Protected veterans are entitled to several important rights:

1. Freedom from discrimination: Employers are prohibited from discriminating against protected veterans in hiring, promotion, termination, pay, benefits, job assignments, training, and other employment aspects.
2. Reasonable accommodation: If you’re a disabled veteran, you have the right to request reasonable accommodations that allow you to perform your job duties.
3. Confidentiality: Your veteran status and any related medical information must be kept confidential by your employer.
4. Protection from retaliation: It’s illegal for employers to retaliate against you for asserting your rights as a protected veteran or for filing a complaint about discrimination.

How is Protected Veteran Status Determined?

Protected veteran status is primarily determined by the categories outlined in VEVRAA. When applying for jobs, you may be asked to self-identify as a protected veteran. This self-identification is voluntary, and you cannot be penalized for choosing not to disclose this information.

The Uniformed Services Employment and Reemployment Rights Act (USERRA)

In addition to VEVRAA, protected veterans are also safeguarded by the Uniformed Services Employment and Reemployment Rights Act (USERRA). This federal law provides additional protections for veterans and current service members.

Key USERRA protections include:

1. Reemployment rights: If you leave a civilian job to perform military service, you have the right to be reemployed in your civilian job upon return.
2. Protection from discrimination: USERRA prohibits discrimination in employment based on past, present, or future military service.
3. Benefits protection: Your employer must protect your workplace benefits during military service and promptly reinstate them upon your return.
4. Training and other rights: You’re entitled to the seniority and other rights and benefits you would have attained had you remained continuously employed.

Protected Veterans and Employment

Understanding how protected veteran status impacts employment is crucial for both veterans and employers. Let’s explore some common questions and scenarios.

Why Do Employers Ask About Protected Veteran Status?

Employers often ask about protected veteran status for several reasons:

1. Legal compliance: Federal contractors are required to take affirmative action to employ and advance qualified protected veterans.
2. Diversity initiatives: Many companies value the unique skills and experiences veterans bring to the workforce.
3. Tax incentives: Some employers may be eligible for tax credits for hiring veterans.

It’s important to note that while employers may ask about your status, they cannot require you to disclose this information.

Can a Protected Veteran Be Fired?

Yes, a protected veteran can be fired, but not because of their veteran status. Protected veterans can be terminated for legitimate reasons such as poor performance, misconduct, or company downsizing. However, it’s illegal to fire someone because of their protected veteran status or in retaliation for asserting their rights under VEVRAA or USERRA.

Discrimination Against Protected Veterans

Despite legal protections, some protected veterans still face discrimination in the workplace. Understanding the types of discrimination and the legal consequences for employers can help you recognize and address unfair treatment.

What Types of Discrimination are Protected Veterans Safeguarded Against?

Protected veterans are safeguarded against various forms of discrimination, including:

1. Hiring discrimination: Refusing to hire a qualified veteran because of their protected status.
2. Promotion discrimination: Denying promotions or advancement opportunities based on veteran status.
3. Compensation discrimination: Paying lower wages or providing fewer benefits to veterans.
4. Harassment: Creating a hostile work environment based on a person’s veteran status.
5. Retaliation: Taking adverse action against a veteran for asserting their rights or filing a complaint.

Legal Consequences for Employers Who Discriminate Against Protected Veterans

Employers who discriminate against protected veterans may face serious legal consequences, including:

1. Financial penalties: Employers may be required to pay back wages, benefits, and other compensatory damages.
2. Injunctive relief: Courts may order employers to change discriminatory practices or policies.
3. Loss of federal contracts: Federal contractors who violate VEVRAA may lose their government contracts.
4. Damage to reputation: Discrimination cases can result in negative publicity and damage to a company’s reputation.

Protected vs. Unprotected Veterans: Understanding the Differences

While all veterans deserve respect and appreciation for their service, the legal distinctions between protected and unprotected veterans are important to understand.

Main Differences Between Protected and Unprotected Veterans

1. Legal protections: Protected veterans have specific legal protections under VEVRAA and USERRA that may not apply to all veterans.
2. Affirmative action: Federal contractors have affirmative action obligations specifically for protected veterans.
3. Self-identification: Protected veterans may be asked to self-identify for employment purposes, while other veterans may not.
4. Reasonable accommodations: Disabled veterans who qualify as protected veterans have additional rights to reasonable accommodations.

Key Takeaways about Protected Veterans

Understanding your status as a protected veteran is crucial for navigating the civilian workforce and asserting your rights. Whether you’re seeking employment, facing challenges at work, or simply want to know more about your rights, being informed is your best defense against discrimination and unfair treatment.

If you believe you’ve faced discrimination as a protected veteran, you have options. You can file a complaint with the Department of Labor’s Veterans’ Employment and Training Service (VETS) or seek legal counsel.

Frequently Asked Questions

Q: How long does protected veteran status last?

A: For recently separated veterans, protected status lasts for three years after discharge. For other categories, protected veteran status generally doesn’t expire. 

Q: Can I be a protected veteran if I didn’t serve in combat? 

A: Yes, you can be a protected veteran even if you didn’t serve in combat. The status applies to various categories of veterans, including those with service-connected disabilities and those who received certain medals. 

Q: Do all employers have to comply with protected veteran laws?

A: While USERRA applies to virtually all employers, the specific requirements of VEVRAA apply primarily to federal contractors and subcontractors. 

Q: What should I do if I face discrimination as a protected veteran?

A: If you believe you’ve faced discrimination, document the incidents, report them to your employer’s HR department, and consider filing a complaint with the Department of Labor’s VETS program or seeking legal counsel. 

Q: Can I choose not to disclose my protected veteran status to an employer?

A: Yes, disclosure of protected veteran status is voluntary. An employer cannot require you to disclose this information or penalize you for choosing not to disclose.

You Fought For Your Country, Let Us Fight for You.

If you have had a VA disability claim denied and need help appealing it, reach out to our team here at Veterans Disability Aid. Alan Watt is a VA-accredited claims agent and has extensive experience navigating the difficult and often confusing VA claims and appeals process. Give us a call or fill out the contact to get started. You deserve the compensation you are entitled to, and we are dedicated to ensuring you get your correct rating.