6 Veteran Rights In The Workplace

Veterans have already performed one of the most important jobs – protecting our nation. Shockingly, some employers discriminate against veterans solely for serving our country. California state laws protect the rights of vets to seek, obtain, and hold a job without fear of discrimination… yet some veterans struggle to exercise these rights. This is especially true for the 25 percent of vets who came back with a service-connected disability.

Fortunately, California law protects veterans from employment discrimination. Sometimes, though, vets have to fight to exercise their rights.

6 California Employment Rights Every Veteran Needs to Know

Federal and state laws protect veteran’s rights in the workplace. The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that protects veterans’ rights to be free from discrimination in the workplace. The California Fair Employment and Housing Act (FEHA) adds extra levels of protection for veterans’ rights in the workplace.

1. The Right To Get A Job They Are Qualified For, And To Keep It

FEHA does not allow employers to refuse to hire or employ a vet simply because they have served our nation. 

The VA says there are several reasons employers shy away from hiring vets:

• They don’t think military skills translate
• Negative stereotypes
• Skills mismatch
• Veterans can’t acclimate to civilian jobs

Of course, veterans just need a chance to prove that they can do the job.

2. The Right To Participate In Training Programs

Training programs are essential for doing many jobs. FEHA prohibits employers from refusing to select a vet based solely on their military service.

3. The Right To Continue A Job Or Training Program

FEHA does not allow employers to fire someone or prevent them from completing a training program just because of their service history.

4. The Right To Be Paid Fairly

Veterans have the right to be paid fairly, yet some companies may try to pay them less because they served in the military. In fact, the 2019 five-year American Community Survey (ACS) shows that veterans earned only $51,900 per year, compared to $59,200 earned by non-veterans. FEHA strictly forbids this type of discrimination.

5. The Right To The Same Terms Of Employment As Non-Veterans

Employers must offer the same terms, conditions, and privileges of employment to veterans as they do to those who have not served.

6. The Right To Work Free From Harassment

USERRA imparts a legal duty to all civilian and government employers to protect workers from harassment based on their military status.

Harassment comes in many forms, and may include:

• Offensive or derogatory remarks about the veteran
• Assigning inconvenient shifts or unfavorable tasks to a veteran
• Displaying demeaning pictures or messages meant to belittle military service veterans
• Sabotaging the work of veterans or interfering with their professional projects
• Mocking or verbally harassing disabled veterans who request job accommodations

Are You Facing Workplace Discrimination Because You’re a Veteran? Contact Your Employment Attorneys At D.Law!

Veterans have certain rights in California, but you may have to fight for them. If you are being discriminated against at your job because of your service to this country, contact or call D.Law. Our employment attorneys can help you exercise your rights as a veteran worker in the Bay Area, San Diego, Fresno, Los Angeles, and other California cities.