California has its own state Fair Employment and Housing Act (FEHA), which addresses veteran employment discrimination. It also applies to protect veterans from discrimination in the housing sector. It forbids employers, labor unions, employment agencies, and other entities from discriminating against applicants, employees, and members because of their past, present, or prospective service in any branch of our nation’s military.
California’s FEHA also requires that employers make reasonable accommodations for their workers who have disabilities or medical conditions and need accommodations in order to effectively perform their work duties. In addition, it proscribes workplace discrimination on the basis of a person’s disability status.
The California FEHA defines military service as being in service of the U.S. armed forces, the National Guard of any state, a State Defense Force, or any of the reserve components of the armed forces. State Defense Forces (SDFs) are military units that operate under the authority of a state government.
A legal consultation in California with a California lawyer would help a veteran understand how the FEA can protect them from unfair discrimination.
Additionally, two federal employment discrimination laws prohibit discrimination against veterans in the workplace. The first one is the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), which protects veterans from discrimination in employment, as does the California Fair Employment Act.
The USERRA applies to all types of employers, so it does not matter if an employer is a private business, a state government, the federal government, or a local government. The USERRA bans a number of specific acts in employment as follows:
- The denial of initial employment
- Reemployment
- Retention in employment
- Promotion, or
- The denial of any benefit of employment.
These acts are prohibited with respect to a person who is a member of the armed forces based on their membership in that class. It applies to active duty members. It also applies to any other individual who applies to serve or performs, has performed, or has an obligation to serve in the armed forces because of their service or their obligation to serve.
If a person is absent from their job because they are actively in military service, they are protected if:
- The person has given advance notice of their service to the employer.
- The length of their absence and any previous absences from employment because of the demands of military service is not more than 5 years, and
- The person reports to or applies to their employer after they have completed their service as the Act requires.
The need to give an employer notice is excused in certain circumstances. In addition, in certain circumstances, a person may be entitled to employment or reemployment even if they have been on duty for more than 5 years.
It is enforced by the U. S. Department of Labor (DOL) and the U.S. Department of Justice (DOJ).
Are Veterans Covered by the ADA in California?
The Americans with Disabilities Act (ADA) is federal law, so it applies to people with disabilities in all 50 states of the U.S., including California.
The ADA is one of 2 laws, the ADA and USERRA, noted above, that protect veterans from employment discrimination. The federal Equal Employment Opportunity Commission (EEOC) enforces the ADA, which prohibits private as well as state and local government employers with 15 or more employees from discriminating on the basis of disability.
The ADA covers all veterans who meet the ADA’s definition. It does not matter whether the disability is service-related or not. Several state and municipal laws provided additional protection to veterans that is not offered to the non-veteran, disabled population. Some state and local rules might be more stringent than federal rules.
Several states, for example, have legislation requiring employers to provide further accommodations for veterans or prohibiting discrimination against them in other areas of public life. In California, that would be the FEHA, noted above.
What Are Common Examples of Veteran Discrimination in California?
Veterans may experience discrimination in California in a number of ways. Some employers might discriminate in hiring and not give a job to a veteran because of stereotypes about veterans and post-traumatic stress disorder (PTSD) or other health issues.
Landlords may refuse to rent to veterans for the same reason. They subscribe to inaccurate stereotypes about veterans and their financial stability. Insurance companies and healthcare providers may do the same. Veterans can experience discrimination in any and every aspect of their lives.
If I Suffer From Veteran Employment Discrimination in California, What Remedies Are Available to Me?
If a person has experienced discrimination, harassment, or unjustified negative actions in their employment, in their housing or in some other domain of their life, e.g., public accommodations, they have a right to file a complaint. The California Civil Rights Department (CRD) is the state agency that enforces California’s legal protections for veterans and others who suffer impermissible discrimination.
A complaint can be filed with the CRD as follows:
- Submit a Complaint: A complaint can be submitted by mail, phone, or online. If the CRD believes that the complaint contains valid allegations that a civil rights law they enforce may have been violated, they will investigate the claim.
- Investigation and Mediation: If the CRD investigation finds that your claim is supported by evidence and there is probable cause to believe a law was violated, they may move forward with mediation between you and the other party.
- Right-to-Sue Letter: If the issue cannot be settled between parties through mediation or if the claimant wants to take legal action, the CRD will issue a right-to-sue letter. The claimant can then take their case to civil court.
- Remedies: If the person who submitted a complaint should win their case, they are awarded remedies, which might include reinstatement to the position from which they were fired, compensation for lost wages, medical treatment and pain and suffering. In addition, a court might award any other remedies that it decides are appropriate.
This process may seem complicated, and if an individual finds it confusing, they may consult an employment or housing discrimination lawyer to guide them through the process and protect their rights.
If a person receives a right-to-sue letter and has not gotten the relief to which they feel they are entitled, they may want to file a lawsuit in a civil court of law. A complaint must be filed within 300 days from the date the individual was made aware of the discriminatory action that was taken against them.
What Other Protections Exist for Veterans?
In addition, a veteran is also protected against discrimination under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). In fact, VEVRAA also requires employers to take affirmative action to recruit, hire, promote, and retain these certain veterans as defined in the Act.
The Veterans with Disabilities Act (VWA) is another major set of federal laws that protect veterans from discrimination. Like the ADA, it requires employers to make reasonable adjustments for workers who have health impairments connected to their military service. This includes mental health disorders and not just physical disabilities.
Employers are also prohibited from discriminating against disabled veterans in hiring, firing, or promoting decisions under the VWA. They must take reasonable measures to help these individuals integrate into the workplace. This legislation applies to all businesses with at least 15 workers, as well as some government organizations and other public institutions.
In addition, veterans who are members of other classes of people who are protected under federal and California civil rights laws might succeed with claims based on their other characteristics, e.g., age, national origin, or gender and the like.
Do I Need a Lawyer for Assistance With Veteran Discrimination Laws in California?
If you believe that you have experienced discrimination because of your status as a veteran, you want to talk to a California employment discrimination lawyer. Your lawyer can review the facts of your situation and guide you through the legal process to the remedy you deserve.
