With Veterans Day Approaching, Fisher & Phillips Attorneys Warn Employers Against Dismissing Veterans as Wounded Workers
Nearly 50,000 Texas Veterans are Unemployed
San Antonio, TX, November 09, 2014 --(PR.com)-- In 2013, more than 252,000 veterans in the U.S. between the prime working years of 25 and 44 were unemployed, according to a 2014 economic news release from the Bureau of Labor and Statistics (BLS). Furthermore, in 2013 49,000 Texas veterans were unemployed, reported a March 2014 BLS news release.
“Legally, employers cannot refuse to hire or re-instate returning veterans,” said Bob Kilgore, of Counsel in the San Antonio office of national labor and employment law firm Fisher & Phillips. Kilgore continues, “I would hate to think unfounded fear may lead employers to take adverse action and possibly break the law.”
A known misconception is that Gulf War-era II veterans—those who have served sometime since September 2001— are particularly prone to Post-traumatic stress disorder (PTSD) that could affect productivity or workplace safety. However, according to the U.S. Department of Veterans Affairs only 10 to 18 percent of those who served in Iraq and Afghanistan have any form of PTSD.
“PTSD cases range from very mild to severe,” said Kilgore. “In fact, in most cases severe conditions do not result in violent activity and even fewer result in workplace violence,” said Kilgore.
It is against the law to refuse to hire or reinstate someone because he or she served. Most prominently, the Uniformed Services Employment and Reemployment Rights Act (USERRA) and the Americans with Disabilities Act Amendments Act (ADAAA) provide many applicable rights and protections.
To qualify for reinstatement, for example, an honorably discharged employee simply needs to submit a timely application, usually 14 or 90 days, depending on their length of uniformed service. Employers must promptly reinstate the individual to the position he or she would have held if they had never taken military leave. They must also provide a refresher or other training that would have been furnished if not for the leave.
Additionally, for a period of six to 12 months after reinstatement, a returning veteran can only be terminated "for cause." And, employers cannot discriminate on the basis of military service or retaliate against employees for asserting these rights.
“As our servicemen and women return and enter the civilian workforce, employers must not forget ADAAA requirements, which prohibit employers from discriminating against qualified applicants or employees with a disability,” said Kilgore. “This includes physical impartments, and it may likely cover psychological disorders such as PTSD.”
Employers have a legal duty to provide reasonable accommodations to the disabled, if such accommodations would enable them to perform the essential functions of the applicable job. Additionally, the law requires companies to evaluate each situation individually, as opposed to applying blanket rules or policies.
“As Veterans Day approaches, employers should take a step back and evaluate their hiring practices, especially those regarding our American heroes,” said Kilgore.
About Fisher & Phillips LLP (www.laborlawyers.com)
Fisher & Phillips LLP is a national law firm committed to providing practical business solutions for employers’ workplace legal problems. Labor and employment law is all the firm does, offering deep and broad knowledge and experience in the area of the law the attorneys know best. Fisher & Phillips attorneys help clients avoid legal problems, are dedicated to providing exceptional client service, and are there when you need them. The firm has 300 attorneys in 31 offices. In addition to San Antonio, the offices are in Atlanta, Baltimore, Boston, Charlotte, Chicago, Cleveland, Columbia, Columbus, Dallas, Denver, Fort Lauderdale, Gulfport, Houston, Irvine, Kansas City, Las Vegas, Los Angeles, Louisville, Memphis, New England, New Jersey, New Orleans, Orlando, Philadelphia, Phoenix, Portland, San Antonio, San Diego, San Francisco, Tampa, and Washington, D.C.
“Legally, employers cannot refuse to hire or re-instate returning veterans,” said Bob Kilgore, of Counsel in the San Antonio office of national labor and employment law firm Fisher & Phillips. Kilgore continues, “I would hate to think unfounded fear may lead employers to take adverse action and possibly break the law.”
A known misconception is that Gulf War-era II veterans—those who have served sometime since September 2001— are particularly prone to Post-traumatic stress disorder (PTSD) that could affect productivity or workplace safety. However, according to the U.S. Department of Veterans Affairs only 10 to 18 percent of those who served in Iraq and Afghanistan have any form of PTSD.
“PTSD cases range from very mild to severe,” said Kilgore. “In fact, in most cases severe conditions do not result in violent activity and even fewer result in workplace violence,” said Kilgore.
It is against the law to refuse to hire or reinstate someone because he or she served. Most prominently, the Uniformed Services Employment and Reemployment Rights Act (USERRA) and the Americans with Disabilities Act Amendments Act (ADAAA) provide many applicable rights and protections.
To qualify for reinstatement, for example, an honorably discharged employee simply needs to submit a timely application, usually 14 or 90 days, depending on their length of uniformed service. Employers must promptly reinstate the individual to the position he or she would have held if they had never taken military leave. They must also provide a refresher or other training that would have been furnished if not for the leave.
Additionally, for a period of six to 12 months after reinstatement, a returning veteran can only be terminated "for cause." And, employers cannot discriminate on the basis of military service or retaliate against employees for asserting these rights.
“As our servicemen and women return and enter the civilian workforce, employers must not forget ADAAA requirements, which prohibit employers from discriminating against qualified applicants or employees with a disability,” said Kilgore. “This includes physical impartments, and it may likely cover psychological disorders such as PTSD.”
Employers have a legal duty to provide reasonable accommodations to the disabled, if such accommodations would enable them to perform the essential functions of the applicable job. Additionally, the law requires companies to evaluate each situation individually, as opposed to applying blanket rules or policies.
“As Veterans Day approaches, employers should take a step back and evaluate their hiring practices, especially those regarding our American heroes,” said Kilgore.
About Fisher & Phillips LLP (www.laborlawyers.com)
Fisher & Phillips LLP is a national law firm committed to providing practical business solutions for employers’ workplace legal problems. Labor and employment law is all the firm does, offering deep and broad knowledge and experience in the area of the law the attorneys know best. Fisher & Phillips attorneys help clients avoid legal problems, are dedicated to providing exceptional client service, and are there when you need them. The firm has 300 attorneys in 31 offices. In addition to San Antonio, the offices are in Atlanta, Baltimore, Boston, Charlotte, Chicago, Cleveland, Columbia, Columbus, Dallas, Denver, Fort Lauderdale, Gulfport, Houston, Irvine, Kansas City, Las Vegas, Los Angeles, Louisville, Memphis, New England, New Jersey, New Orleans, Orlando, Philadelphia, Phoenix, Portland, San Antonio, San Diego, San Francisco, Tampa, and Washington, D.C.
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Fisher & Phillips-- San Antonio
Morgan Sanders
512-771-0523
www.laborlawyers.com
Morgan Sanders
512-771-0523
www.laborlawyers.com
Contact
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