Veterans of the United States Armed Forces are considered a vulnerable population, and the American public, through the U.S. Congress, protects them by law.
Veteran’s Rights in the NJ Workplace: What are they and how are they enforced?
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Veteran’s Rights in the NJ Workplace: What are they and
how are they enforced?
Veterans of the United States Armed Forces are considered a vulnerable
population, and the American public, through the U.S. Congress, protects
them by law. Veterans and their would-be employers should know the rights
of veterans are protected and how those rights are enforced in the
workplace.
Many laws protect the rights of veterans: the two that apply to the
workplace are the Uniformed Services Employment and Reemployment
Rights Act (USERRA), enforced by the U.S. Department of Labor and the
U.S. Department of Justice, and Title I of the Americans with Disabilities Act
(ADA), which is enforced by the U.S. Equal Employment Opportunity
Commission (EEOC). Veterans’ rights in the workplace cover disabilities —
both physical and emotional — and absence related to duty.
USERRA prohibits discrimination against a veteran based on military
obligations or status, and obligates employers to re-employ veterans who
return from active service. The law states that employers must make
reasonable efforts to accommodate veterans by ensuring they are not
penalized by going to or returning from active duty. Pending the veteran’s
return, the employer of a departing soldier must maintain the veteran’s:
Seniority
Status
Pay
Job duties
If the veteran is physically unable to continue to perform the same duties
due to a disability, the employer must make reasonable effort to modify the
work or the work environment. If that is not possible, then the employer
should provide training or retraining at no cost to the veteran.
The ADA protects veterans -- who become injured or disabled, or suffer from
PTSD -- from workplace discrimination. Employers must reasonably
accommodate the veterans’ disabilities, both physical and emotional. This
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protection extends to a potential employer, who may not refuse to hire a
veteran simply because the employer suspects the veteran job applicant
may be disabled in some respect — provided the person is qualified, with
reasonable accommodations in place, to perform the essential duties of the
job.
While an employer is not obligated to give preference to veterans in hiring or
promotions, that is something an employer can choose to do, and in so
doing is contributing to our country’s security.
At the law firm of Hanan M. Isaacs, P.C., we care deeply about your
employment rights. If you are grappling with workplace conflict or suffering
from workplace discrimination, contact us today or call 609-683-7400 to
schedule a reduced fee initial consultation. You will be glad you did.
All Rights Reserved
Hanan M Isaacs, P.C.
4499 NJ-27
Kingston NJ 08528
(609) 683-7400
http://hananisaacs.com