Readers ask: What Is A Protected Veteran?

– Active Duty Wartime or Campaign Badge Veteran means a veteran who served on active duty in the U.S. military, ground, naval or air service during a war or in a campaign or expedition for which a campaign badge has been authorized under the laws administered by the Department of Defense.

How do I know if Im a protected veteran?

Who Is Considered A Protected Veteran?

  • Disabled veterans.
  • Veterans who served on active duty during a war, campaign, or expedition for which a campaign badge has been authorized.
  • Veterans with an Armed Forces Service Medal “pursuant to Executive Order 12985 (61 FR 1209)”
  • Recently separated veterans.

Is a spouse a protected veteran?

IN CALIFORNIA, MEMBERS OF THE MILITARY AND VETERANS ARE PROTECTED FROM DISCRIMINATION AND HARASSMENT IN EMPLOYMENT, HOUSING, AND BUSINESS ESTABLISHMENTS. The law also forbids discrimination against someone because they associate with a member of the military or a veteran, such as veteran’s spouse or child.

Is a Gulf War veteran a protected veteran?

For VA benefits eligibility purposes, the Gulf War period is still in effect. For example, the Veterans Pension benefit requires service during a wartime period. Therefore, any Veteran who served on active military service for any period from August 2, 1990, to the present meets the wartime service requirement.

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Can you layoff a protected veteran?

As a protected veteran under VEVRAA, you have the right to work in an environment free of discrimination. You cannot be denied employment, harassed, demoted, terminated, paid less or treated less favorably because of your veteran status.

Is every veteran a protected veteran?

§ 4212), prohibits discrimination against protected veterans. Under VEVRAA, a veteran may be classified as a ”disabled veteran,” ”recently separated veteran,” ”active duty wartime or campaign badge veteran,” or ”Armed Forces service medal veteran.

Is it bad to identify as a protected veteran?

Not a bad outcome. Employers must make their workplaces open to Department of Labor inspectors to ensure compliance with VEVRAA. If a veteran feels he or she has been discriminated against despite VEVRAA, they can file a claim with the Office of Federal Contract Compliance Programs (OFCCP).

Are military spouses a protected class?

It’s important to note that military spouses are not a federally-protected class. There is nothing that makes not hiring a military spouse illegal and discriminating against someone because of their marital status is not a requirement in every state.

What are the rights of a military spouse?

The military benefits you’re entitled to as a military spouse include, but aren’t limited to: Installation support services — You have access to child care facilities on the installation and to counseling services, including military legal assistance attorneys who can help you work through divorce proceedings.

Can a military spouse claim Veterans Preference?

Determining Veterans Preference Under Derived Preference, certain eligible spouses, widows/widowers or mothers of a veteran may be able to claim Veterans’ Preference when the veteran is unable. Agencies may also appoint a military spouse without competition under the Military Spouse Appointing Authority.

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What constitutes a protected veteran?

– Active Duty Wartime or Campaign Badge Veteran means a veteran who served on active duty in the U.S. military, ground, naval or air service during a war or in a campaign or expedition for which a campaign badge has been authorized under the laws administered by the Department of Defense.

Is veteran status a protected class?

California Governor Jerry Brown (D) has signed an amendment to the California Fair Employment and Housing Act (“FEHA”), Cal. Civ. Code § 12920 et seq., to include military or veteran status as a class protected from employment discrimination.

What medal make you a protected veteran?

Armed Forces Service Medal Veteran You served on active duty in a U.S. military operation for which an Armed Forces Service Medal was awarded pursuant to Executive Order 12985 (61 FR1209) and were you awarded the Armed Forces Service Medal.

Can someone on military leave be laid off?

Yes. If there is a legitimate business reason for the layoff and for the selection of the employee on military leave, an employer may be permitted to lay off an employee who is on a military leave of absence under the Uniformed Services Employment and Reemployment Rights Act (USERRA).

How long must an employer hold a job for someone in the military?

USERRA establishes the cumulative length of time that an individual may be absent from work for military duty and retain reemployment rights to five years (the previous law provided four years of active duty, plus an additional year if it was for the convenience of the Government).

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Can you terminate an employee on military leave?

Prevent firing without cause – In addition to being protected from discrimination, employees who take military leave of absence are also protected from retaliation. Employers cannot fire an employee because of military leave.

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