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Veteran Speakers Network (VSN)EARN’s Veteran Speakers Network (VSN) helps businesses understand how to navigate the various resources available for hiring, retaining, managing and promoting veterans with disabilities. The VSN accomplishes this by speaking at events, conferences and other national speaking engagements. I am interested in having a member of the VSN speak at my event. I am interested in finding out more about or joining the VSN. |
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EARNWorks for Veterans –
Frequently Asked Questions for Employers
If you have a question that is not addressed below, please contact us at: 1-866-327-6669 (M-F, 9 AM – 5 PM, EST) or earn@earnworks.com. We will typically respond within 24 hours of receiving a message or email.
Hiring Veterans with Service-Connected Disabilities
- What do veterans with service-connected disabilities go through when leaving the military?
- What is the Uniformed Services Employment and Reemployment Rights Act (USERRA)?
- How does USERRA differ from the Americans with Disabilities Act (ADA)?
- Is a veteran with a service-connected disability automatically protected by the ADA?
- Are traumatic brain injury (TBI) and post-traumatic stress disorder (PTSD) considered disabilities under the ADA?
- May an employer ask if an applicant is a “disabled veteran” if seeking to hire someone with a service-connected disability?
- What steps should an employer take if asking an applicant to self-identify as a “disabled veteran” for affirmative action purposes?
- Are there tax incentives for hiring veterans with service-connected disabilities?
- Aren’t there safety concerns and higher insurance rates associated with hiring veterans with service-connected disabilities?
- Are there reporting requirements after you hire a veteran with a service-connected disability?
- Where can I get assistance with translating military skills and training to match position requirements?
Managing & Accommodating Veterans with Service-Connected Disabilities
- How can I create a welcoming workplace for veterans with service-connected disabilities?
- What should employers do if they suspect an employee is struggling with the effects of TBI and/or PTSD?
- Where can I get information about accommodating service members, veterans or others with PTSD and TBI?
- I recently hired a veteran with a service-connected disability who is an amputee with low morale. Where can I find support services?
Hiring Veterans with Service-Connected Disabilities
What do veterans with service-connected disabilities go through when leaving the military?
Veterans with service-connected disabilities follow 1 of 5 tracks to employment when separating from the military. The track that they choose will determine the actions they must take prior to their separation. The five tracks are: reemployment with their previous employer; rapid access to employment; self-employment; employment through long-term services; or independent living services. Visit our How to Hire Veterans for more details about the 5 tracks.
What is the Uniformed Services Employment and Reemployment Rights Act (USERRA)?
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA, 38 U.S.C. § 4301 – 4335) is a federal law intended to ensure that persons who serve or have served in the Armed Forces, Reserves, National Guard or other “uniformed services:” (1) are not disadvantaged in their civilian careers because of their service; (2) are promptly reemployed in their civilian jobs upon their return from duty; and (3) are not discriminated against in employment based on past, present, or future military service. The federal government is to be a “model employer” under USERRA (38 U.S.C. § 4301). For more information on USERRA visit the Veterans' Employment & Training Service (VETS) Web site.
How does USERRA differ from the Americans with Disabilities Act (ADA)?
USERRA prohibits employers from discriminating against employees or applicants for employment on the basis of their military status or military obligations. It also protects the reemployment rights of those who leave their civilian jobs (whether voluntarily or involuntarily) to serve in the uniformed services, including the U.S. Reserve forces and state, District of Columbia, and territory (e.g., Guam) National Guards.
Both USERRA and the ADA include reasonable accommodation obligations; however, USERRA requires employers to go further than the ADA by making reasonable efforts to assist a veteran who is returning to employment in becoming qualified for a job. The employer must help the veteran become qualified to perform the duties of the position whether or not the veteran has a service-connected disability requiring reasonable accommodation. This could include providing training or retraining for the position.
Title I of the ADA prohibits employers from discriminating against qualified individuals with disabilities with respect to hiring, promotion, termination, and other terms, conditions, and privileges of employment. The ADA also prohibits disability-based harassment and provides that, absent undue hardship (“significant difficulty or expense”), applicants and employees with disabilities are entitled to reasonable accommodation.
Is a veteran with a service-connected disability automatically protected by the ADA?
No. A veteran must meet the ADA’s definition of disability. The ADA defines an “individual with a disability” as a person who (1) has a physical or mental impairment that substantially limits one or more major life activities; (2) has a record of such an impairment; or (3) is regarded as having such an impairment. This definition of disability may differ from the definition used in other laws. For example, the term “disabled veteran” means an individual who has served on active duty in the armed forces, was honorably discharged, and has a service-connected disability, or is receiving compensation, disability retirement benefits, or pension because of a public statute administered by the Department of Veterans Affairs or a military department.Are traumatic brain injury (TBI) and post-traumatic stress disorder (PTSD) considered disabilities under the ADA?
The ADA does not contain a list of medical conditions that constitute disabilities. Instead, the ADA has a general definition of disability that each person must meet. Therefore, some people with TBI and/or PTSD will have a disability under the ADA and some will not. A person has a disability if he/she has a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or is regarded as having such an impairment. For more information about how to determine whether a person has a disability under the ADA, visit the Equal Employment Opportunity Commission's (EEOC) Web site.May an employer ask if an applicant is a “disabled veteran” if seeking to hire someone with a service-connected disability?
Yes. Although employers generally may not ask for medical information from applicants prior to making a job offer, they may invite applicants to voluntarily self-identify for affirmative action purposes. See EEOC Enforcement Guidance: Pre-employment Disability-Related Questions and Medical Examinations Under the Americans with Disabilities Act of 1990 (1995).
What steps should an employer take asking an applicant to self-identify as a “disabled veteran” for affirmative action purposes?
If an employer invites applicants to voluntarily self-identify, the employer must indicate clearly and conspicuously on any written questionnaire used for this purpose, or state clearly (if no written questionnaire is used), that:
- the information requested is intended for use solely in connection with its affirmative action obligations or its voluntary affirmative action efforts; and
- the specific information is being requested on a voluntary basis, it will be kept confidential in accordance with the ADA, that refusal to provide it will not subject the employee to any adverse treatment, and that it will be used only in accordance with the ADA.
Are there tax incentives for hiring veterans with service-connected disabilities?
Yes, there are tax incentives for employers hiring and accommodating veterans with service-connected disabilities under the Work Opportunity Tax Credit (WOTC) program. Employers receive tax credits when they hire veterans who have completed or are receiving rehabilitative services through the state or the Department of Veterans Affairs (VA) or who are members of families receiving or have recently received food stamps. For more information, see our Guide to Tax Incentives.
