Veteran and service member rights

Workers

I was treated unfairly because I am a veteran or service member

You have certain employment protections as a veteran or service member.

Two federal laws prohibit discrimination in employment based on your status as a veteran or service member. Under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), you’re protected from discrimination based on your prior service in the uniformed services; current service in the uniformed services; or intent to join the uniformed services. This is regardless of whether your employer is a private employer, the Federal Government, a state government, or local government. You may also be protected against discrimination under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) if you are an employee or applicant of a federal contractor or subcontractor and meet the definition of a “protected veteran.” Additionally, under both laws, your employer is also prohibited from discriminating against you because of your attempt to enforce your rights or someone else’s rights.

For example, your current or any future employer cannot:

  • terminate you,

  • fail to promote you,

  • fail to hire you,

  • fail to reemploy you, or

  • fail to give you benefits that others received either while you were at work or while you were deployed because you are a veteran or service member.

Learn about filing a complaint with the Veterans' Employment and Training Service (VETS)

Learn about filing a complaint with the Office of Federal Contract Compliance Programs (OFCCP)

Employers

How can I make sure I treat veteran and service member employees fairly?

You have the responsibility to treat veterans or service members fairly.

Veteran and service member employees add significant value to America’s workplaces. Their experiences, leadership and work ethic can benefit civilian employers. Employers play an important role in maintaining our nation’s strong national defense by both supporting employees in the uniformed services to serve when called and ensuring veterans can put their skills and experience to work in the civilian workforce following separation.

In general, you should treat your veteran or service member employees the same as any other employees. Two federal laws prohibit discrimination in employment based on employees’ status as a veteran or service member: the Uniformed Services Employment and Reemployment Rights Act (USERRA) and the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). Under USERRA, employees are protected from discrimination based on their prior service in the uniformed services; current service in the uniformed services; or intent to join the uniformed services. USERRA also protects employees from retaliation based on their actions to enforce their rights or someone else’s rights under the law, participation in a USERRA proceeding, or assistance in a USERRA investigation.

If you’re a federal contractor or subcontractor, any veteran or service member employees who meet the definition of “protected veteran” are also protected from discrimination and retaliation under VEVRAA. Both USERRA and VEVRAA apply if you’re a federal contractor or subcontractor, but while USERRA applies to all veterans, VEVRAA only applies to certain groups of veterans.

Under both of these laws, you may not discriminate or retaliate against employees who attempt to enforce their rights or someone else’s rights. You may not take any adverse action because of an employee’s status as a veteran or service member, or because the employee attempted to enforce his or her rights, or someone else’s rights, as a veteran or service member. For example, you cannot:

  • refuse to promote an employee,

  • refuse to provide an employee with employment benefits,

  • retaliate against an employee for filing a complaint about his or her rights being violated, or

  • refuse to hire an applicant

because of their status as a veteran or service member. It’s not always obvious when a situation can be considered discrimination under the law. It’s in your best interest as an employer to familiarize yourself with these laws and contact the Federal Government if you have questions.

Learn about VETS

Learn about OFCCP

Additional Resources

Questions? We’re here to help

We are committed to helping you understand. Many questions may be answered by using the following elaws (Employment Laws Assistance for Workers and Small Businesses) Advisor:

Uniformed Services Employment and Reemployment Rights Act (USERRA) Advisor

The Veterans’ Employment and Training Service (VETS) enforces USERRA, and the Office of Federal Contract Compliance Programs (OFCCP) enforces VEVRAA. These agencies work together as appropriate to ensure fair treatment for America’s service members and veterans.

For additional assistance, please contact:

  • VETS: 1-866-237-0275 Monday to Friday 8 a.m. to 8 p.m. ET (Federal Relay Service by dialing 711) or your local VETS office

  • OFCCP: 1-800-397-6251 or the OFCCP Help Desk. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services.

If you feel you have been discriminated against because of your status as a veteran or service member or because you have attempted to enforce your rights, or someone else’s rights, as a veteran or service member, you have the right to file a complaint and participate in an investigation without being retaliated against by an employer.

Need more information?

The elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors are a set of online tools developed by the U.S. Department of Labor to help employees and employers understand their rights and responsibilities under federal employment laws.