EEOC Offers Employment Assistance To Employers And Injured Vets

Published April 21, 2008

 

Reprinted from PERSONNEL LEGAL ALERT, a widely read employment law newsletter that keeps HR executives up-to-date on the latest court cases, legal trends, government regulations, and federal legislation that affect the policies you write and procedures you administer.  Click here to view a sample issue, get more information, or sign up for a risk-free subscription.

 

Thousands of veterans have returned home from active duty in the armed forces with service-connected disabilities and are looking to reenter the civilian workforce.  To help both injured veterans and employers understand their workplace rights and responsibilities, the EEOC published two question-and-answer guides that provide technical assistance on some of the workplace issues affecting veterans with service-connected disabilities.

The first publication answers questions that injured veterans may have about the protections to which they are entitled when they seek to return to work.  The second publication is a guide for employers that explains how protections for veterans with service-connected disabilities differ under the Americans with Disabilities Act (ADA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA).  It also describes how the ADA in particular applies to recruiting, hiring, and accommodating veterans with service-connected disabilities.  The following are excerpts from the employer's guide.

Q. How does USERRA differ from the ADA?

A. Both USERRA and the ADA include reasonable accommodation obligations; however, USERRA requires employers to go further than the ADA by making reasonable efforts to assist a veteran who is returning to employment in becoming qualified for a job.  The employer must help the veteran become qualified to perform the duties of the position, whether or not the veteran has a service-connected disability requiring reasonable accommodation.  This could include providing training or retraining for the position.  Also, reasonable accommodations may be available under USERRA for individuals whose service-connected disabilities may not necessarily meet the ADA's definition of  "disability."

Q. Is a veteran with a service-connected disability automatically protected by the ADA?

A. No.  A veteran must meet the ADA's definition of disability. 

Q. May an employer ask if an applicant is a "disabled veteran" if it is seeking to hire someone with a service-connected disability?

A. Yes.  Although employers generally may not ask for medical information from applicants prior to making a job offer, they may do so for affirmative action purposes.  An employer, therefore, may ask applicants to voluntarily self-identify as individuals with disabilities or "disabled veterans" when the employer is: 1) undertaking affirmative action because of a federal, state, or local law (including a veterans' preference law) that requires affirmative action for individuals with disabilities; or 2) voluntarily using the information to benefit individuals with disabilities, including veterans with service-connected disabilities.  An employer also may ask organizations that help find employment for veterans with service-connected disabilities whether they have suitable applicants for particular jobs and may access websites on which veterans with service-connected disabilities post résumés or otherwise express interest in employment.

Q. What are some specific steps employers may take to recruit and hire veterans with service-connected disabilities?

A. There are a number of steps that any employer can take, such as:

• stating in job ads that individuals with disabilities, including disabled veterans, are encouraged to apply;
• sending vacancy announcements to, and asking for referrals from, government, community, military organizations, and One Stop Career Centers that train and/or support veterans with
• service-connected disabilities;
• posting advertisements and vacancy announcement in publications for veterans;
• attending job fairs and using online résumé databases that connect job-seeking veterans with civilian employers;
• surveying other employers to learn about their successful outreach efforts.

Q. May an employer ask a veteran with a service-connected disability whether a reasonable accommodation is needed if none has been requested?

A. Sometimes.  During the application process, an employer may explain what the hiring process involves and ask all applicants whether or not they will need a reasonable accommodation.  In addition, an employer may ask a veteran with an obvious service-connected disability who is applying for a job whether an accommodation is needed and, if so, what type.  Once a veteran with a service-connected disability has started working, an employer may ask whether an accommodation is needed when it reasonably appears that the person is experiencing workplace problems. 

Because many veterans may not view their service-connected injuries as disabilities, they may not ask, or know that they are entitled to ask, for a reasonable accommodation.  As a result, it may be critical for an employer to initiate a conversation with a veteran who is experiencing problems to determine an appropriate accommodation.  Working together, the employer and the veteran should identify what the veteran cannot do and then discuss ways to address any identified performance issues.

To view both question-and-answer guides and to access a list of public and private organizations that can assist employers that want to recruit and hire veterans with service-connected disabilities, visit the EEOC’s website at www.eeoc.gov.

 

Related Topic(s): Hiring, Discrimination/ADA - Americans with Disabilities Act, Leave/USERRA - Uniformed Services Employment and Reemployment Rights Act 

 

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