Law Office of Gay E. Gilson

The following are summaries of laws which are provided for educational and informational purposes and it is not intended to be legal advice. The communication of information found on this website does not result in the formation of a lawyer-client relationship. Legal claims have deadlines and statute of limitations in which a timely claim must be made or your legal rights will be lost.  You should seek the opinion of an attorney regarding the merits of your potential legal claim and the applicable deadlines and/or statute of limitations.

Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)

One of the primary laws that protect veterans relevant to employment is USERRA which provides:

REEMPLOYMENT RIGHTS

You have the right to be reemployed in your civilian job if you leave that job to perform service in the uniformed service and:

• you ensure that your employer receives advance written or verbal notice of your service;
• you have five years or less of cumulative service in the uniformed services while with that particular employer;
• you return to work or apply for reemployment in a timely manner after conclusion of service; and
• you have not been separated from service with a disqualifying discharge or under other than honorable conditions. If you are eligible to be reemployed, you must be restored to the job and benefits you would have attained if you had not been absent due to military service or, in some cases, a comparable job.

RIGHT TO BE FREE FROM DISCRIMINATION AND RETALIATION

If you:

• are a past or present member of the uniformed service;
• have applied for membership in the uniformed service; or
• are obligated to serve in the uniformed service; then an employer may not deny you:
• initial employment;
• reemployment;
• retention in employment;
• promotion; or
• any benefit of employment because of this status. In addition, an employer may not retaliate against anyone assisting in the enforcement of USERRA rights, including testifying or making a statement in connection with a proceeding under USERRA, even if that person has no service connection.

HEALTH INSURANCE PROTECTION

If you leave your job to perform military service, you have the right to elect to continue your existing employer-based health plan coverage for you and your dependents for up to 24 months while in the military.

• Even if you don't elect to continue coverage during your military service, you have the right to be reinstated in your employer's health plan when you are reemployed, generally without any waiting periods or exclusions (e.g., pre-existing condition exclusions) except for service-connected illnesses or injuries.

Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended

The Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended prohibits job discrimination and requires federal contractors and subcontractors to take affirmative action to employ and advance in employment qualified Vietnam era veterans, special disabled veterans, recently separated veterans, and veterans who served on active duty during a war on in a campaign or expedition for which a campaign badge has been authorized.  Highlights of the Act may be found here.

Americans with Disabilities Act, as amended

In the workplace, service connected disabilities may be covered under the Americans with Disabilities Act, as amended. A veteran with a disability is protected by the ADA when he or she meets the ADA's definition of disability and is qualified for the job he or she has or wants. The ADA defines an "individual with a disability" as a person who (1) has a physical or mental impairment that substantially limits one or more major life activities; (2) has a record of such an impairment; or (3) is regarded as having such an impairment. An individual with a disability is qualified if he is able to meet an employer's requirements for the job, such as education, training, employment experience, skills, or licenses, and is able to perform the job's essential or fundamental duties with or without reasonable accommodation. The EEOC provides a guide that is helpful on this topic. Disability Rights Texas has published a helpful video on this topic entitled DRTx Legal Tip Video: Employment Rights of Veterans and People with Disabilities: