You join a branch of the military. You do a tour (or two, or even more) in a dangerous area. You come home with the expectation that you will build a life for yourself, and that includes getting a job outside of the service. And yet day after day, you find yourself turned down for positions that you know you could hold, and that you know fit your skillset. Or you do get a job, and find yourself subjected to harassment by your coworkers and/or your superiors. What can you do?
Employment discrimination against active and retired military personnel is a real issue. Every day, servicemen and -women are denied jobs, or discriminated against in some way, by employers in Tennessee and throughout the country. That discrimination can manifest in a number of different ways, including:
- Being denied a job because you have served in the armed forces.
- Being denied a raise because you were away on active duty at the time the raise would have been given.
- Losing your accrued vacation time, or being forced to use that time for military activities (like weekend duty for Reservists).
- Being denied FMLA leave to care for a family member.
- Losing out on pension payments that should have been continued in your absence.
- Being denied employment because of a service-related disability.
- Being subjected to harassment from fellow employees.
There are laws in place to protect you
If you are being discriminated against because of your military service, your rights are protected by the Uniformed Services Employment and Reemployment Rights Act (USERRA). It applies to active duty and retired servicemen and -women in all branches of the military, “with a focus on those that have civilian careers and employment and perform service in the U.S. uniformed services. The law applies to all employers in both the public and private sectors,” as explained by the U.S. Army.
For men and women who returned from service with a disability, there are additional safeguards in place. Under the Americans with Disabilities Act, employers are required to make reasonable accommodations on behalf of disabled employees. The Family Medical Leave Act can protect veterans and active duty Guard or Reservists who need time away to care for a sick family member, or to seek medical attention themselves. In certain cases, the spouse of a returning service member may also be eligible for leave.
If you are facing discrimination or harassment, you have legal options available to you. At the Gilbert Firm, our Tennessee employment law attorneys active and retired members of the military in obtaining the legal protections they deserve. To learn more about our services, we invite you to contact us, or to call 888.996.9731.