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Learn How to Fight Against Military & Veteran Discrimination – Contact Consumer Attorneys Today!
People who give their lives on the battlefields to defend our liberty pay a huge price. The price paid by our service people is so huge that it is often shocking to discover that after serving in the military and transitioning back to civilian life (or even while they are still on active duty) they often face discrimination in employment, housing, and more. If you are currently in the military, an ex-soldier, veteran, or military spouse who has been treated unfairly, you have the right to take legal action by contacting a military discrimination lawyer who will represent you to the fullest extent of the law.
Military and Veteran Discrimination: What It Is
Military service discrimination against service members or veterans arises when companies or other institutions subject their employees to unfair treatment due to their current or previous military service. This discrimination can include determining not to hire, promote, give job assignments, training opportunities, or pay to certain people solely because they are affiliated with the military.
Military Discrimination Laws
Federal laws are in place to ensure that current, prior, and future members of military service are not discriminated against. One of those laws is the Uniformed Services Employment and Reemployment Rights Act (USERRA). Under this law, members of present, future, or past military service must be treated fairly by employers and not discriminated against based on military affiliation. Similarly, there are some state laws that prevent discrimination against veterans or individuals who are serving in the military.
Examples of Military Discrimination
Unfortunately, military discrimination is similar to other forms of discrimination and may be overt or covert. Some examples of prohibited discrimination against military personnel and veterans include:
- Turning down an applicant because they are preparing for military obligations, such as training or deployment.
- If you are passed over for a promotion, and the reason given is that you have a service-related disability.
- Being verbally abused or intimidated by colleagues because of your military designation.
- If an employer fails to provide reasonable accommodations for veterans who have disabilities.
- Any form of verbal, physical, or emotional abuse, belittling, stalking, harassment, differential treatment, and harm caused due to your veteran or current military status.
Military discrimination can include any of the examples listed above and more. Discrimination is not limited to our examples, as these are only provided as a reference. If you have experienced any form of discrimination based on your military involvement, you should contact a trained military discrimination attorney who can help answer your questions and file a lawsuit if needed.
How to Identify Veteran Discrimination
Veterans are typically service people who have served in the military and have either retired or been discharged for different reasons. Although veterans are not considered “active duty,” they still have an affiliation with the military and should contact a veteran discrimination lawyer when discriminated against. Here are some signs that may indicate military or veteran discrimination:
- Verbal abuse directed at you because you once served in the armed forces.
- Workplace discrimination which involves requiring veterans to work unusual shifts, take on unreasonably difficult tasks, or requiring extra work that is not required of employees who are in a similar role.
- Refusing to hire, promote, or provide training to veterans even though the individual is qualified for a position.
- Military leave requests or disability accommodations are placed on hold without valid reasons.
- An employer begins treating employees differently after learning of their veteran status by requiring longer hours, harder shifts, denying access to resources provided to other employees, making lewd comments, and even making offensive and inappropriate comments about their veteran status.
Similar to the examples regarding military discrimination, these are only examples, and you may have personal experiences that are not captured above. Contact one of our military discrimination attorneys today!
When Do You Need a Military Discrimination Lawyer?
If you think you have suffered veteran discrimination or were otherwise mistreated because of serving in the military, you should seek the services of an employment lawyer as soon as possible. When it comes to complaints under the USERRA laws, there are strict filing deadlines, and if you do not file within those deadlines, you can risk losing your opportunity to plead your case. Therefore, acting promptly is highly recommended.
How Can a Military Discrimination Lawyer Help You
A military discrimination lawyer can help you by taking on the case. An attorney will review the evidence and offer a case overview. Additionally, they will draft and submit letters on your behalf and report the discrimination to appropriate governing bodies. Attorneys can also negotiate a fair settlement with the employer. In the event that a settlement cannot be reached, a military discrimination lawyer will file a lawsuit in court and advocate on your behalf.
Who Can We Help?
Our law firm represents people who have faced military and veteran discrimination, irrespective of the branch of service. If you believe you’ve been discriminated against due to your military status, let us help you!
Frequently Asked Questions
Can I sue an employer for military discrimination?
Yes, you can file a discrimination lawsuit if you suffer from military service discrimination because of your veteran status or military service. In some cases, the remedies may include back pay, job reinstatement, compensation for emotional distress, and punitive damages. Every case is different, which is why it’s important to contact attorneys skilled in military discrimination cases. We take a look at your case and determine what your legal recourse should be. There are time delays that dictate how long you have to file a discrimination lawsuit. The faster you reach out to us, the sooner we can act on your behalf.
Are veterans a protected class?
Typically, protected classes are based on age, race, sex, gender, religion, nationality, and more. Veterans are usually not referred to as a “protected class”, but there are still other laws that protect veterans from veteran discrimination, including the USERRA, which is the Uniformed Services Employment and Reemployment Rights Act. This act prevents employers of civilians from discriminating against individuals who have served in the military, are serving, or will serve. If you believe you have been discriminated against or faced wrongful termination, you have a right under this law to take legal action and hold those accountable for their unlawful practices, including employment discrimination.
How do I prove military discrimination?
To substantiate a discrimination claim, you have to prove your case. Merely accusing an employer of discrimination is not enough. There must be enough evidence to show that the employer had motivation to take adverse action against the employee. This can get tricky because this often requires proof in the form of a “paper trail,” emails, witness testimony, and many other factors that require specificity. The best way to work through the evidence and determine what you need to prove military discrimination is by contacting an experienced military discrimination lawyer who can speed up the process by gathering facts and evidence for you.
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