If you are a veteran, you might be wondering "am I protected veteran". This protected status is defined by the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA). This article will guide you through the qualifications, rights, and benefits associated with being a protected veteran.
What is VEVRAA?
The Vietnam Era Veterans’ Readjustment Assistance Act of 1974, commonly referred to as VEVRAA, is a federal law enforced by the Office of Federal Contract Compliance Programs (OFCCP). It mandates that employers doing business with the federal government take proactive steps to recruit, hire, and promote protected veterans. VEVRAA also prohibits discrimination against protected veterans in various employment decisions, including hiring, firing, pay, benefits, job assignments, promotions, layoffs, and training.
Who Qualifies as a Protected Veteran?
Under VEVRAA, there are specific categories of veterans who are considered "protected":
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Disabled Veteran: A veteran who served on active duty in the U.S. military and is entitled to disability compensation from the Department of Veterans Affairs or was discharged due to a service-connected disability.
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Other Protected Veteran: A veteran who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized by the Department of Defense.
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Recently Separated Veteran: A veteran who was discharged or released from active duty within the past three years.
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Armed Forces Service Medal Veteran: A veteran who, while on active duty, participated in a military operation that was awarded an Armed Forces service medal.
Your Rights as a Protected Veteran
As a protected veteran, you are entitled to a workplace free from discrimination. Employers must not:
- Deny you employment opportunities
- Harass you
- Demote you
- Terminate your employment
- Pay you less or treat you less favorably due to your veteran status
Additionally, if you are a disabled veteran, you have the right to request reasonable accommodations. These accommodations are adjustments or modifications that enable you to perform your job or participate in the application process effectively. Reasonable accommodations must be provided unless doing so would cause significant difficulty or expense to the employer.
Examples of Reasonable Accommodations
Reasonable accommodations can vary widely depending on the needs of the veteran and the nature of the job. Here are some common examples:
- Providing written materials in accessible formats (large print, Braille, audiotape)
- Adjusting work schedules
- Providing interpreters or readers
- Holding recruitment and staff meetings in accessible locations
- Modifying equipment or devices
- Adjusting policies and procedures
- Changing the work environment to improve accessibility
Employment Opportunities for Protected Veterans
There are several resources available to assist protected veterans in finding employment:
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Local Employment Service Offices or American Job Centers: These centers offer career planning, job search resources, training, and referrals to employers recruiting veterans. You can locate the nearest center via CareerOneStop.
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National Resource Directory (NRD): This website connects veterans and their families to various assistance programs, including employment opportunities, benefits information, and education and training resources. Visit the NRD at National Resource Directory.
Federal contractors are required to list job openings with local employment service offices or American Job Centers, giving protected veterans priority referrals. Employers are also encouraged to collaborate with local veterans' groups to recruit qualified veterans.
Filing a Complaint
If you believe you have been discriminated against due to your status as a protected veteran, you can file a complaint with the OFCCP. You do not need to be certain that your employer is a federal contractor to file a complaint. Here’s how you can file:
- Submit a form online via the OFCCP website.
- Submit a form in person at an OFCCP office.
- Mail, email, or fax a completed form to the OFCCP regional office covering the location of the alleged discrimination.
Complaints must be filed within 300 days of the alleged discrimination. The OFCCP website provides detailed instructions and contact information for filing complaints.
Protection from Retaliation
It's important to know that it is illegal for your employer to retaliate against you for filing a complaint or participating in an investigation. Retaliation includes harassment, intimidation, threats, coercion, or any form of discrimination due to your assertion of your rights.
Remedies for Discrimination
If the OFCCP finds that you were a victim of employment discrimination, you may be entitled to remedies such as:
- Being hired, promoted, reinstated, or reassigned
- Receiving back pay or front pay
- Receiving a pay raise or other compensatory remedies
In severe cases, the OFCCP can seek to have the company debarred from future federal contracts or have existing contracts canceled.
Conclusion
Understanding your status as a protected veteran and knowing your rights and the resources available to you can empower you to secure and maintain meaningful employment. If you suspect discrimination or need assistance, don't hesitate to reach out to the OFCCP or other veteran support organizations. Your service and sacrifice deserve recognition and respect in the workplace.
