Readers ask: What Is Protected Veteran Status?

– 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.

Who qualifies for protected veteran status?

A recently separated veteran is a protected veteran when they separate from the military/stop serving on active duty and for three years afterward. This three year period begins on the date of discharge/release from active duty.

How do I know if I am a protected veteran?

You are a “protected veteran” under VEVRAA if you belong to one of the categories of veterans described below: Recently Separated Veteran A veteran separated during the three- year period beginning on the date of the veteran’s discharge or release from active duty in the U.S. military.

Is veteran status protected under federal law?

Protected veteran status was established under the Vietnam Era Veterans’ Readjustment Act (VEVRAA) in 1974. It protects veterans from discrimination based on their military service. The act specifically protects workers working for federal contractors and other companies that do business with the US government.

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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 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).

Why do employers ask if you are a protected veteran?

This requirement is to ensure that companies doing business with the government are not discriminating against veterans or protected veterans and that they’re taking active steps to recruit and hire them. Many companies who aren’t federal contractors are still serious about hiring veterans.

What is my veteran status?

A veteran is a former member of the Armed Forces of the United States (Army, Navy, Air Force, Marine Corps, and Coast Guard) who served on active duty and was discharged under conditions, which were other than dishonorable. Persons who attended military academies are now considered veterans for financial aid purposes.

How long do you have to be in the military to be considered a veteran?

Now, under the new law, anyone eligible for reserve component retirement benefits is considered a veteran, said Krenz. “Anyone who has reached 20 years of service, even if they were never activated on a [federal] order for more than 180 days outside of training, will now be considered a veteran,” he said.

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What laws protect veterans?

What Laws Protect Veterans? Three major laws protecting veterans from workplace discrimination are VEVRAA, USERRA, and ADA. Early veteran’s rights legislation, the Rehabilitation Act, also establishes protocols for non-discriminatory hiring practices against veterans.

Is veteran status a protected class EEOC?

Documents explaining Title I of the ADA and the Rehabilitation Act can be found on EEOC’s website at www.eeoc.gov. 2. A veteran with a disability is protected by the ADA when he or she meets the ADA’s definition of disability and is qualified for the job the veteran has or wants.

What is the VA 5 year rule?

The VA disability 5-year rule says that a Veteran cannot have their rating reduced if their condition has not improved in the first 5 years after they received their initial rating for the condition.

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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