Veteran discrimination in New York refers to any acts of unfair treatment based on a person’s military status, which is explicitly prohibited under both state and city law. The New York State Human Rights Law (Executive Law Section 296) makes it illegal for employers to discriminate against veterans in hiring, promotion, or workplace conditions. This protection ensures that military service does not become a barrier to equal employment opportunities.
In New York City, the law goes further. Under the New York City Human Rights Law (Administrative Code Section 8-107), veterans and active service members are recognized as a protected class.
As a protected class, this means veterans are safeguarded not only in employment but also in housing and public accommodations. Landlords and businesses cannot deny services or access based on someone’s military background. These laws reflect a broader commitment to honoring military service with more than symbolic gestures.
All of these laws and regulations serve as legal guarantees that veterans will be treated fairly when reintegrating into civilian life. If a veteran experiences any form of discrimination, such as employment discrimination or workplace discrimination, they should consult a lawyer who has experience dealing with these statutes and laws. These statutes provide a clear path for them being able to seek justice and hold the discriminators accountable.
Are Veterans Covered by the ADA in New York?
In short, yes. Veterans in New York are covered by the Americans with Disabilities Act (“ADA”) if they have a qualifying disability. The ADA is a federal civil rights law that was enacted in 1990 and codified at 42 United States Code Section 12101 et seq. It prohibits discrimination against individuals with disabilities in areas such as employment, public services, public accommodations, and telecommunications.
Veterans with physical or mental impairments, such as post-traumatic stress disorder (“PTSD”), traumatic brain injury, or mobility limitations, may be protected under the ADA if their condition substantially limits one or more major life activities. In other words, veteran employment discrimination is also prohibited.
In New York, the ADA applies alongside state and city laws that offer additional protections. Employers, landlords, and service providers must all ensure reasonable accommodations for veterans with disabilities, provided those accommodations do not impose undue hardship.
Although the ADA is a federal statute, its enforcement in New York is supported by local agencies and courts. This makes the ADA a powerful tool for veterans seeking equal access and fair treatment in civilian life.
What Are Common Examples of Veteran Discrimination in New York?
Veteran discrimination in New York is often hidden behind subtle actions that carry serious consequences. For instance, a qualified veteran might be passed over for a job because an employer assumes they’ll struggle with PTSD or need too much time off for medical care.
Other veterans may face skepticism about their ability to adapt to civilian roles, despite having leadership and crisis management skills honed during their time in service. All of these assumptions can quietly sabotage careers before they even begin.
Outside the workplace, discrimination can also show up in housing decisions or public services. Landlords may deny applications from veterans, fearing instability or assuming they’ll be difficult tenants. Even in healthcare or education, veterans might also encounter bias when seeking accommodations for service related disabilities.
If you are a veteran and believe that you may be being discriminated against, then it is recommended to set up a legal consultation in New York with New York lawyers who handle veteran discrimination matters. They can evaluate your case and help you determine if you have a valid case, while also assisting you in resolving any issues that you may be facing.
If I Suffer From Veteran Employment Discrimination in New York, What Remedies Are Available to Me?
If you experience employment discrimination as a veteran in New York, you have access to both state and federal remedies that are designed to protect your rights and ensure your fair treatment. All of these legal avenues may allow you to recover lost wages, secure reinstatement, and hold employers accountable for any unlawful conduct.
You can also file complaints through various agencies and pursue legal action depending on the nature and severity of the discrimination that you faced. The following is a general list of remedies that may be available to you if you experienced employment discrimination:
- File a complaint with the New York State Division of Human Rights under Executive Law Section 296
- Seek damages, including back pay, front pay, and compensation for emotional distress
- Request reinstatement to your job or a comparable position
- Pursue punitive damages and civil fines in severe cases
- File a federal complaint under the Uniformed Services Employment and Reemployment Rights Act (“USERRA”)
- Obtain legal representation to initiate a lawsuit in state or federal court
- Request reasonable accommodations for service-related disabilities under the ADA (42 United States Code Section 12101 et seq.)
- File a complaint with the Equal Employment Opportunity Commission (“EEOC”) for ADA violations
What Other Protections Exist for Veterans?
Beyond anti-discrimination laws, New York also offers veterans a suite of practical support systems designed to ease their transition into civilian life. From financial aid for education through the Veterans Tuition Award to legal assistance for housing disputes and debt relief, the state ensures veterans aren’t left navigating challenges alone.
Agencies are also required to appoint veteran liaisons, making it easier for former service members to access benefits and services that are tailored to their needs. Additionally, New York also provides priority placement in supportive housing programs and even covers funeral expenses for veterans without financial means.
As noted above, Federal Employment Discrimination Law also provides strong protections for veterans facing employment discrimination, primarily through two key statutes: the Uniformed Services Employment and Reemployment Rights Act and the Americans with Disabilities Act.
USERRA, codified at 38 United States Code Section 4301 et seq., prohibits employers from denying employment, promotion, or benefits based on a veteran’s past, present, or future military service. It also guarantees reemployment rights for service members returning from duty, ensuring they are restored to the same position or one of comparable status and pay.
The ADA, found at 42 United States Code Section 12101 et seq., protects veterans with qualifying disabilities from discrimination in all aspects of employment. This includes hiring, job assignments, promotions, and termination. Veterans with service-connected conditions such as PTSD, hearing loss, or mobility impairments may be entitled to reasonable accommodations, provided they meet the ADA’s definition of disability.
Together, both of these federal laws form a robust framework that shields veterans from bias and ensures equal opportunity in the civilian workforce. Additionally, Veterans in the United States benefit from a wide array of other federal protections that extend well beyond employment rights.
In education, the Post-9/11 GI Bill and Montgomery GI Bill offer tuition assistance, housing stipends, and funds for books and supplies. These programs are administered by the Department of Veterans Affairs and are designed to help veterans pursue college degrees, vocational training, and certification programs.
In terms of health care, the VA provides comprehensive medical services through its nationwide network of hospitals and clinics. Eligible veterans can access preventive care, mental health services, specialized treatment for service-related conditions, and long-term care.
For retirement, veterans may qualify for VA pensions, military retirement pay, and Survivors Pension for dependents. Additional benefits include VA-backed home loans, life insurance, and burial assistance, all aimed at supporting veterans and their families throughout every stage of post-service life.
Do I Need a Lawyer for Assistance With Veteran Discrimination Laws in New York?
If you believe that you are experiencing veteran discrimination in New York and have suffered harm or damages, it is recommended to consult with a New York employment discrimination lawyer. An attorney can help you safeguard your legal rights as a veteran, as well as assist you in recovering any damages you may have incurred.
LegalMatch can assist you in finding and setting up a consultation with a local attorney near you who handles veteran discrimination cases. During your initial consultation, they will outline your legal rights and options under both federal law and New York’s state laws.
An experienced attorney will also ensure that you meet all state and federal deadlines for filing your claim and guide you through the steps necessary to pursue your employment discrimination case. They can also help you navigate through the various agencies. If the agencies cannot resolve your issues, then they can help you draft and file a civil complaint. Finally, they can also represent you in court, if your case proceeds to trial.
