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Formisano & Company Attorneys At Law

Passionate About Protecting Employee Rights

Workplace discrimination against military members is a problem

On Behalf of Formisano & Company | Jan 31, 2025 | Workplace Discrimination

Despite its subtlety, military prejudice is a major problem. Many members of the United States military, both active and retired, encounter prejudice when they look for civilian jobs. Though they frequently experience workplace discrimination, they have the right to be treated with respect and dignity.

Federal legislation prohibits workplace bias relating to gender, religion, sexual orientation or race. These same safeguards apply to active and former armed forces members. 

Types of discrimination the military often face

Military discrimination in the workplace can manifest in various ways and often begins during the hiring process. Some examples of discrimination against the military include:

  • Refusing to hire or promote a military service member because of their military status.
  • Offering military personnel less pay than another person who is doing a similar job.
  • Turning down legitimate requests for time off or adjustments to schedules arising from military duty.
  • Dismissing or demoting service members without following proper procedures.

The Uniformed Services Employment and Reemployment Rights Act, (USERRA), prohibits discrimination against civilian employees based on military service. It mandates that former employers of service personnel, such as those in the Reserves or National Guard, be reinstated to the same position with the same compensation and benefits that they had before deployment.

Additionally, under the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA), contractors and subcontractors are obligated to apply affirmative action at all stages of the employment process, including hiring, promotion and retention. This statute also forbids protected veteran discrimination and applies to wives and others in contractual relationships with protected veterans.

Our military service members should be granted protection for their civilian employment, considering the daily sacrifices they make to defend our nation. If you or someone you know has faced workplace discrimination due to military service, it may be time to seek assistance to fight this unlawful practice.

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