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The Uniformed Services Employment and Reemployment Rights Act (USERRA)  

USERRA prohibits employers from discriminating against employees or applicants for employment on the basis of their military status or military obligations. Under USERRA, employers must make “reasonable efforts” to help a veteran who is returning to employment to become qualified to perform the duties of the position they would have held but for military service whether or not the veteran has a service-connected disability.

USERRA applies to all veterans, not just those with service-connected disabilities, and to all employers regardless of size.

The American with Disabilities Act (ADA)  

Under the ADA, employers may not treat applicants or employees unfavorably because of their disability or perceived disability status. Employees with a disability may also request accommodations to make their work environment accessible.

Enforcement Agency: U.S. Equal Employment Opportunity Commission (EEOC)

Most likely, yes! The ADA uses different standards than the U.S. Department of Defense and the U.S. Department of Veterans Affairs (VA) in determining disability. Still, many service related disabilities may also be considered disabilities under the ADA.

ADA: Know Your Rights – Returning Service Members with Disabilities

Under the Veterans Preference Act, veterans with and without disabilities are entitled to hiring preference over competitive applicants. Veterans may also be considered for special noncompetitive appointments, if they are eligible.

Federal agencies may also use specific rules and regulations, called “special hiring authorities,” to hire individuals with disabilities outside the normal competitive hiring process, and sometimes may be required to give preferential treatment to veterans, including veterans with disabilities, in making hiring decisions.

Employers may ask candidates to self-identify as a disabled veteran for affirmative action purposes or to benefit individuals with disabilities, including service-connected disabilities. If an employer invites you to voluntarily self-identify as a disabled veteran, they must clearly inform you in writing (or orally, if no written questionnaire is used) that:

• The information is being used as part of the employer’s affirmative action program;

• Providing the information is voluntary;

• Failure to provide the information will not subject you to adverse action; and

• The information will be kept confidential and only used in a way that complies with the ADA.