Sometimes. During the application process, an employer can explain what the hiring process involves (such as an interview, a timed written test, or a job demonstration) and ask all candidates if they need reasonable accommodation to participate in any part of the process. If an employer has reason to believe that a Veteran with a clear service-related disability (e.g., a Veteran who is blind or missing a member) who is applying for a particular job requires reasonable accommodation for that job, the employer may ask whether housing is required and, if so, of what type. Once a veteran with a disability has started working, an employer may ask if housing is required if it reasonably appears that the person has problems in the workplace due to illness. McNeese State University does not discriminate on the basis of age, color, disability, ethnic origin, sex, gender expression, genetic information, marital status, military status, national origin, race, religion, sex or sexual orientation when admitting or employing or participating in its educational programs, services and activities. The university has adopted the Diversity Awareness Policy to enable a timely and fair resolution of discrimination complaints. The Policy outlines the complaint procedure for individuals who may have been discriminated against. No. A veteran must meet the ADA`s definition of disability. The ADA defines a “person with a disability” as a person who (1) has a physical or mental disability that significantly restricts one or more important activities of life; (2) has demonstrated such a deficiency; or (3) is considered such a disability. This definition of disability may differ from the definition used in other legislation. For example, the term “disabled veteran” refers to a person who has served on active duty in the armed forces, who has been honourably released and who has a service-related disability or a disability that has been aggravated during active service, or who is receiving an award, disability pension or pension under a public act administered by the Department of Veterans Affairs or a military department.
For more information on the labour rights of disabled veterans, see the Equal Employment Opportunity Commission`s (EEOC) guide, “Veterans and the Americans with Disabilities Act: A Guide for Employers.” Learn how your business can benefit from sourcing and recruiting veterans with disabilities. In addition, the Vietnam-Era Veterans Readjustment Assistance Act (VEVRAA), enforced by the Department of Labour`s Office of Federal Contract Compliance Programs, requires companies with a federal contract or subcontract of $100,000 or more entered into on or after December 1, 2003, to take positive steps to hire and promote qualified disabled veterans. VEVRAA also requires these companies to list their employment opportunities with appropriate systems to provide employment services and give priority to insured veterans when referring to such job listings. [8] Yes. While employers are generally not allowed to ask candidates for medical information before making a job offer, they may do so for affirmative action purposes. See ADA Enforcement Guidance: Preememployment Disability-Related Questions and Medical Examinations (1995) in www.eeoc.gov/laws/guidance/enforcement-guidance-preemployment-disability-related-questions-and-medical. An employer may therefore require applicants to voluntarily identify themselves as persons with disabilities or “disabled veterans” if the employer: USERRA prohibits discrimination against employers, employees or job applicants on the basis of their military status or military obligations. It also protects the re-employment rights of those who leave their civilian employment (voluntarily or involuntarily) to serve in uniformed services, including the U.S. Reserve Forces and the National Guard of the State, District of Columbia, and Territory (e.g., Guam). Employers need to realize that once they hire a disabled veteran, they are not alone.
A multitude of support services are available to help them meet the unique needs of their employees with disabilities or combat injuries. If available, a company`s Employee Assistance Program (EAP) is a good place to seek advice and support for workers with CBT, PTSD and other disabilities. And to find out what types of workplace accommodations they should implement, employers can call the Job Accommodation Network (JAN), a free counselling service that provides individualized solutions for on-site accommodation and technical support related to the ADA and other disability-related laws. Yes, there are tax incentives for employers who hire and accommodate veterans with service-related disabilities under the Employment Opportunity Tax Credit (OSI) program. Employers receive tax credits if they hire veterans who have completed or received rehabilitation services through the state or the Department of Veterans Affairs (VA), or who are members of families who have received or recently received food stamps. Learn more about the benefits for employers who hire veterans with disabilities. If military personnel move to civilian employment, U.S. companies will benefit.
Veterans provide organizations of all sizes in all sectors with a source of qualified and dedicated candidates with transferable skills that have proven themselves in real-life situations. Veterans quickly grasp new concepts and work well independently and as a team – skills that are highly valued in any workplace. During their service, some veterans may have acquired disabilities, visible or not, that can affect daily activities, including employment. As part of its Affirmative Action Program, McNeese State University invites all employees who are persons with disabilities, disabled veterans, other protected veterans, recently separated veterans, and military veterans to identify themselves as such. Persons with disabilities are also encouraged to make reasonable accommodations to enable them to perform the essential functions of their position. Self-identification and requests for reasonable precautions can be made now or at any time in the future. Individuals who have submitted self-identification forms or requests for reasonable accommodation in the past and whose status has not changed do not need to do so again. Both userra and ADA contain reasonable precautions; However, USERRA requires employers to go beyond the ADA by making reasonable efforts to help a veteran returning to the workforce qualify for employment. The employer must assist the Veteran in qualifying for the duties of the position, whether or not the Veteran has a service-related disability that requires reasonable accommodation.
This could include training or retraining for the position. While not all veterans with service-related or other disabilities need shelter or the same accommodations, here are examples of accommodations that some veterans may need to apply for or take a job: There are several federal laws that provide significant protection to veterans with disabilities who are looking for work or who are already in the workplace. Two of these laws – Title I of the Americans with Disabilities Act (ADA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA) – protect veterans from discrimination in the workplace. Title I of the ADA, enforced by the U.S. Equal Employment Opportunity Commission (EEOC), prohibits private, state, and local employers with 15 or more employees from discriminating against individuals on the basis of disability. [3] Any veteran with a disability who meets the ADA`s definition is covered whether or not the disability is associated with the service. USERRA has requirements for the re-employment of veterans with and without disabilities and is enforced by the U.S. Department of Labor (DOL) and the U.S. Department of Justice (DOJ). The process involves determining whether the Veteran requesting adequate accommodation has a disability (if this is not obvious or already known) and finding accommodation solutions. Employers should ask the respective veteran who is applying for housing because of a disability what is required for employment.
There are also many public and private resources to help employers find reasonable accommodations for workers with special disabilities. For example, the Employment Accommodation Network (JAN) website provides a practical guide for employers on reasonable accommodation, as well as information on accommodating specific disabilities, including one on “Housing Service Members and Veterans with PTSD.” See the JAN website under www.askjan.org. There is no evidence of a correlation between hiring veterans with service-related disabilities and an increase in insurance rates. In fact, evaluating and restructuring work functions and processes, as well as accommodating an employee if necessary, can increase overall security clearances. [3] The EEOC is also responsible for enforcing federal laws that make it illegal to discriminate against a candidate or employee (including a veteran) based on the person`s race, color, religion, sex (including pregnancy), national origin, age (40 years or older) or genetic information.