Military & Veteran Discrimination in New York
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The majority of the American population is proud of what our military members have done and sacrificed for this country. Unfortunately, men and women who serve or have served in the U.S. armed forces can experience discrimination by employers back home.
If you believe that you have been discriminated against based on your military or veteran status in New York, do not hesitate to get in touch with Nisar Law Group, P.C. Our experienced employment law attorneys in New York believe our military members are essential to the protection of our nation. Like how you were committed to the best interests of the United States, our legal team is dedicated to protecting yours.
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Federal Laws Against Discrimination on the Basis of Military Status
Enacted in 1994, the Uniformed Services Employment and Reemployment Rights Act (USERRA), offers substantial protections to current uniformed service members and veterans of the Army Navy, Air Force, Marine Corps, Coast Guard, Public Health Service Commissioned Corps, Reserves, and the National Guard (federal status).
This act outlaws adverse employment actions based on an employee’s status as an active member or a veteran of the armed forces. Under the USERRA, adverse actions can take a variety of forms, such as termination, demotion, harassment, being forced to resign, being underpaid in comparison to coworkers in similar positions, or being subject to a hostile work environment can constitute improper discrimination if done on purpose. Keep in mind, an employer cannot retaliate against an individual for exercising his/her rights under USERRA.
Additionally, a military employee who has recently completed their service has the right to be reinstated to his/her old job. In order to be eligible for this protection, (1) a person must notify his/her employer in advance about leaving for military service, (2) the service was for five years or less, (3) he/she did not receive a dishonorable discharge, and (4) he/she applied for reinstatement shortly after returning from military service.
The Veterans Employment and Training Service (VETS) is a division of the U.S. Department of Labor which enforces the rules set forth in the USERRA and investigates cases of possible violation. In order to file a complaint for USERRA violations, you must complete Form 1010. VETS will investigate your claim, assess documents and other pieces of evidence, and determine whether or not your rights were violated.
Furthermore, the Employer Support of the Guard and Reserve (ESGR) can provide mediation services to help employer and employees reach a settlement agreement. The ESGR is an agency which informs employers and employees of their rights according to USERRA.
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If you have served your country and are now finding yourself the victim of discrimination or harassment, our New York employment litigation attorneys are happy to be of service. We have extensive experience in employment discrimination cases and understand what it takes to be successful.
For more information, contact us at (212) 600-9534 to speak with our legal team.
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Frequently Asked Questions About: Military Discrimination
A common example is when an employer refuses to hire a qualified veteran because they assume the person might be called up for future military duty. Other examples include demoting a National Guard member after they return from training, cutting pay or benefits for employees who take military leave, making negative comments about someone’s military service affecting their career advancement, or failing to reinstate a service member to their previous position after deployment. Military discrimination also occurs when employers bypass veterans for promotions based on stereotypes about PTSD or military culture.
Unfortunately, yes – many employers discriminate against veterans despite legal protections. Common forms include refusing to hire veterans due to assumptions about PTSD or military rigidity, failing to accommodate service-connected disabilities, not providing proper reemployment after military leave, or creating hostile environments through negative comments about military service. However, USERRA, VEVRAA, and the ADA provide strong legal protections, and many employers who discriminate face significant legal consequences when veterans assert their rights.
Under USERRA, employers must provide military leave for service members, maintain health benefits during short-term leave (up to 31 days), allow employees to continue benefits at their own cost for longer deployments, reinstate returning service members to their previous position or an equivalent role with the same seniority and pay they would have earned, provide reasonable accommodations for service-connected disabilities, and refrain from retaliating against employees for exercising their military service rights. Employers cannot discourage military service or use military obligations as a negative factor in employment decisions.
No, employers cannot fire you simply for having PTSD, especially if it’s service-connected. PTSD is often considered a disability under the ADA, which protects you from discrimination and entitles you to reasonable accommodations. However, if PTSD symptoms significantly affect your job performance and no reasonable accommodation can address the issues, termination might be legally justified. The key is whether your employer engaged in the interactive process to identify accommodations and whether your PTSD actually prevents you from performing essential job functions even with accommodations.
Reasonable PTSD accommodations might include flexible scheduling for therapy appointments, modified work schedules to manage symptoms, workspace modifications like moving away from high-traffic areas, allowing breaks when experiencing anxiety or triggers, providing written instructions instead of verbal ones, allowing noise-canceling headphones, modified job duties that avoid specific triggers, and time off for mental health treatment. The specific accommodations depend on your individual symptoms and job requirements. Your employer must engage in an interactive process to identify effective accommodations.
USERRA violations can result in significant consequences for employers. You can file a complaint with the Department of Labor’s Veterans’ Employment and Training Service (VETS), which will investigate and attempt to resolve the issue. If that fails, you can pursue federal court litigation with potential remedies including reinstatement, back pay with interest, benefits restoration, compensation for lost wages and benefits, liquidated damages equal to your lost wages (for willful violations), and attorney’s fees. Some violations can also result in government contract penalties for federal contractors.
Document everything related to your military service and how you’re treated differently. Keep records of comments about your military status, compare your treatment to non-military colleagues in similar situations, save emails or communications showing bias, document any changes in treatment after military leave or service discussions, and gather witness statements from coworkers who observed discriminatory behavior. The key is showing a pattern of different treatment based on your military status rather than legitimate job performance issues. Timeline documentation showing treatment changes related to military service is particularly powerful evidence.
Military workplace discrimination includes refusing to promote a qualified veteran because supervisors assume they’re “too rigid” from military training, cutting someone’s hours or responsibilities after they disclose upcoming Guard duty, making derogatory comments about military service like “we don’t need any jarheads here,” failing to hold positions open during deployment as required by USERRA, or denying accommodations for service-connected disabilities. It also includes more subtle forms like excluding veterans from team activities or assuming they can’t handle civilian workplace dynamics.
You may be able to sue if your stress and anxiety result from workplace discrimination, harassment, or violations of your rights as a service member or veteran. If your employer’s illegal conduct (like military status discrimination or failure to accommodate service-connected disabilities) causes your mental health issues, you might have claims for emotional distress damages. However, general workplace stress typically isn’t actionable unless it stems from discrimination based on protected characteristics like military status, disability, or other protected classes. The key is connecting your mental health issues to specific illegal employer conduct.
Military discrimination cases are complex because active-duty service members have limited ability to sue the military due to the Feres doctrine, which bars most lawsuits against the government for injuries arising from military service. However, you may have options for certain types of discrimination claims, especially those involving civilian employees, contractors, or violations of specific military regulations. Veterans can sometimes pursue claims for service-connected disabilities or discrimination in VA benefits. If you’re facing military discrimination, consult with an attorney experienced in military law to understand your specific options and any special procedures required.
