If you’re a Veteran living with a disability and you’re able and ready to work, there are laws in place to protect you.
Finding and securing work is an important part of a person’s personal and financial well-being. For people living with disabilities, it’s no different.
If you’re a Veteran living with a disability and you’re able and ready to work, there are laws to protect you. Learn more about your workplace rights and what you can expect when you enter the workforce.
The Americans with Disabilities Act
The Americans with Disabilities Act (ADA) prohibits discrimination against qualified employees or job applicants on the basis of their disability. It covers all employment practices, including the job application process, hiring, advancement, compensation, training, firing, and all other conditions of employment.
Under the ADA, having a disability is defined as a physical or mental impairment that substantially limits a major life activity such as hearing, seeing, speaking, walking, breathing, learning, lifting, concentrating or working. This can also include emotional and mental health conditions like post-traumatic stress disorder (PTSD) and anxiety disorders.
The ADA requires employers to provide reasonable accommodations (unless the accommodation would impose an “undue hardship,” such as a financial difficulty, or if it is unduly extensive, substantial, or disruptive, or would fundamentally alter the nature or operation of the business). A reasonable accommodation is a modification or adjustment to a job, the work environment, or the way things are usually done at work with a goal of helping all individuals have an equal opportunity to get a job and successfully perform their work tasks.
Reasonable accommodations are determined through an individualized interactive process with your employer, and can include things such as:
- Noise-canceling headphones for someone with PTSD or another mental health condition.
- A workspace that easily accommodates a wheelchair.
- An altered work schedule for someone to continue important therapy sessions.
- A later start time for someone with a spinal cord injury who needs additional time to complete personal care tasks in the mornings.
- A sign language interpreter for someone who is deaf or a reader for someone who is blind.
- A service animal for someone who requires one.
- Soft background music or sounds to help someone who suffers from tinnitus to block out ringing in the ears.
This is just a small sample of reasonable accommodations that you’re entitled to request. The Job Accommodation Network (JAN) has a list of suggested accommodations and their experts can offer you free, confidential guidance tailored to your situation.
There are no “magic words,” or legal language required to request a reasonable accommodation. Depending on your specific situation, you may find requesting a reasonable accommodation is as simple as informing your supervisor your wheelchair doesn’t fit under your desk and requesting blocks to raise it.
However, you may also decide you need to use a more formal method for communicating your rights. JAN provides guidance on asking for an accommodation, as well as a form letter you can use for your request. Your employer may decide documentation is needed to explain and understand your disability and the types of reasonable accommodation that would allow you to perform your duties. It is unlawful for an employer to retaliate against you for asserting your rights under the ADA, including asking for a reasonable accommodation.
Generally, there is no obligation to disclose disability-related information to your employer unless you’d like to request an accommodation.
Uniformed Services Employment and Reemployment Rights Act (USERRA)
The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits discrimination against employees or job applicants on the basis of their military status or military obligations.
If you’re returning to an employer after performing military service, employers must make reasonable efforts to help returning employees qualify for reemployment in the positions they would have attained had they not left for military service. This includes providing training or retraining at no cost to the Veteran or Service Member. If you suffer a disability that is incurred in or was aggravated during your service, your employer must make reasonable efforts to accommodate the disability and return you to the position in which you would have been employed. If you are no longer qualified for the position due to your disability, USERRA requires employers to make reasonable efforts to help you qualify for a job of equivalent seniority, status and pay.
Additional Resources
- JAN is the leading source of free, expert, confidential guidance on workplace accommodations. You can access their online resources, call or use their live chat feature to get practical suggestions for requesting and negotiating accommodations with your employer.
- The Veteran Readiness and Employment program (VRE) offers support and services for Veterans with service-connected disabilities. VRE can help you return to your former job, get job training or education for a new job, start a business of your own, and more.
- The U.S. Equal Employment Opportunity Commission describes your protections under ADA, offers answers to frequently asked questions, and explains how to file a complaint if you think your rights have been violated.
- The U.S. Department of Labor provides additional information to help you understand your rights related to USERRA, including how to file a claim.
These laws are designed to protect people living with disabilities who want to find and secure meaningful employment. Don’t hesitate to use them!