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Employment Military Status Discrimination


When individuals discuss federal laws that protect against employment discrimination, they are often discussing discrimination due to race, gender, or religion. What they might not realize is the same protections are in place for military members. This includes those currently serving and former members.

Sometimes military discrimination is subtle, but every violation needs to be taken seriously. For example, there could be questions during the interview process that are inappropriate and discriminatory. It is illegal for an employer to ask if a person believes they will be called to duty in the near future, for instance. If you believe you were discriminated against because you are a member of the military, talk to a Columbus military status discrimination lawyer.

The Uniformed Employment and Reemployment Rights Act (USERRA)

Enacted in 1994 and designed to protect service members, USERRA carries two main protections for current and former members of the military.

  • Employers are not allowed to discriminate against an individual based on their service in the military.
  • When a person returns from serving, they have a right to be reinstated to the job they were working before they were deployed.

These protections are in place for all employers, big and small. There is also a provision that ensures any reasonable accommodations will be made if the person returning to a job after serving their country has an aggravated condition or a new disability.

Military service members are a protected class under the USERRA. Discrimination against individuals who are members of a protected class is outlawed in the United States.

Other Federal Law Protections

There are several laws in place to protect individuals from workplace discrimination. These include the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Family Medical Leave Act.

And while it’s not designed to deal with all of the cultural challenges faced by veterans, there is the Veterans’ Preference Act as well. This law means veterans should receive preference for job posts over nonveterans for federal jobs. For example, a veteran would have a better chance of being hired for a government job, and if there were a round of layoffs within a federal workplace, veterans may be less prone to layoffs than those who did not serve.

If you feel you have experienced military discrimination, it is important you connect with an Ohio military discrimination lawyer to understand your rights. There are federal laws in place to protect service members, including the Veterans’ Preference Act and Uniformed Employment and Reemployment Rights Act. There are steps you can take to protect your job, career, and future. After all, military members have protected the rights of others, it is important individual military members have their rights protected, too.

Are you a current of former military member who has experienced employment discrimination? Help is available. Contact the employment lawyers at Coffman Legal LLC today. We are strong and committed advocates for all Ohio workers and use our experience and knowledge to help you. Call 614-949-1181 for a free and confidential consultation.


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