Answering the Protected Veteran Question on Job Applications

Many veterans encounter the confusing question, “Do you identify as a Protected Veteran?” on job applications. This can be especially puzzling for those with no service-connected disability. Applications might offer limited options or leave veterans to decipher their status on their own.

The hesitation to identify as a protected veteran often stems from its placement alongside disability and demographic questions. However, veteran status extends beyond disability. Recent veterans and those who served overseas may also qualify for protected status, even if they’re unaware.

Understanding the “Why” Behind the Question

While the label “protected veteran” might not resonate with younger veterans, it exists to ensure fair hiring practices. By identifying as protected, veterans gain access to resources and priority consideration from employers who are mandated to recruit and hire qualified veterans.

Vietnam and the Protected Veteran Meaning

Today, being a veteran is generally a positive for employment. Some veterans struggle to apply their military skills to the civilian world. Yet, employers are unlikely to discriminate against veterans solely because they are veterans.

But that hasn’t always been the case. Anyone who has a passing familiarity with the Vietnam War era knows about the hostility some servicemembers encountered upon returning home.

Passed in 1974, the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) was intended to protect veterans and their spouses or widows against employer discrimination.

It also covered educational benefits and re-employment assistance.

Since then, amendments, executive orders, and rule changes have extended the definition of the protected veteran status.

According to the US Department of Labor (DOL), the meaning of “protected veteran” includes the following categories:

• Any veteran who was released from active duty within the past three years.
• Any veteran who received an Armed Forces Service Medal while on active duty.
• Any veteran who has served on active duty during wartime or who is eligible for a campaign badge.
• Any disabled veteran who served on active duty and qualified for disability compensation or was discharged due to a service-connected disability. This includes those who are not receiving disability due to receiving military retirement pay.

While the original act covered those who served during the Vietnam Era, the 2002 Jobs for Veterans Act expanded coverage.

At this time, the VEVRAA rules apply to federal contracts exceeding $150,000. Any employer fulfilling such a contract is required to “take affirmative action to employ and advance in employment” protected veterans.

What Does a Protected Veteran Status Mean to Me?

Under federal law, specifically 38 USC Sec. 4212, relevant contractors are required to list job openings with government employment services. Those services are, in turn, directed to give protected veterans priority referrals to those job openings.

The DOL’s Office of Federal Contract Compliance Programs (OFCCP) is in charge of enforcing the law.

The OFCCP emphasizes that protections for veterans extend far beyond preferential hiring. Once employed, protected veterans are shielded from discrimination based on their military service or service-connected disabilities. This includes:

• Protection from Harassment and Unfair Treatment: Employers cannot create a hostile work environment or retaliate against veterans for exercising their rights.
• Equal Pay and Benefits: Veterans are entitled to equal pay and benefits compared to non-veteran colleagues performing similar jobs. Offering a lower salary due to a veteran’s military pension is a violation of these rights.
• Reasonable Accommodations for Disabilities: Disabled veterans have the right to request and receive reasonable accommodations to ensure they can perform their job duties effectively. Examples include modifications to equipment and work schedules or providing materials in accessible formats.

It’s important to clarify that while government contractors cannot discriminate against protected veterans, they aren’t mandated to prioritize them during hiring. However, there are strong incentives for them to recruit qualified veterans. Many companies value the skills, experience, and work ethic veterans bring to the table.

To maximize their job search, protected veterans should leverage available resources:

• Local Employment Services: These services can connect veterans with open positions and provide interview and resume writing assistance.
• National Resource Directory: This comprehensive online resource from the US Department of Veterans Affairs (VA) lists job openings, educational benefits, and other programs specifically designed to support veterans and their families.
• Veteran Service Organizations: Many local and national veteran service organizations offer career counseling, job training programs, and connections to potential employers.

What a Protected Veteran Can Do in Response to Discrimination

While proving discrimination can be challenging, there are resources available to help protected veterans. Here’s what you should know:

• Evidence: Circumstantial evidence, like repeated promotion denials, can be used to support your claim. Ideally, document any conversations or actions suggesting bias.
• Employer Coverage: VEVRAA applies to companies with federal contracts of $150,000 or more, but you don’t need to confirm coverage to file a complaint.
• Filing a Complaint: The OFCCP website offers complaint forms and instructions. Act quickly – you have 300 days from the alleged violation.
• Retaliation: Any retaliation for filing is also illegal.
• Remedies: If the OFCCP finds in your favor, you may receive back pay, raises, reinstatement, or even a promotion.

Checking the Box

As with other employment questions, veterans will usually find an option to decline to identify their status. For some, that might be tempting, and it’s your right to keep it to yourself.

Let’s be honest: veterans aren’t typically the type who seek special treatment or who like to complain. It’s one of the reasons many employers actually look at military service in a favorable light.

Ultimately, the law isn’t there to give anyone a bonus or added benefit. The law exists because veterans, both disabled and not, have found that “Thank you for your service” has a limit.

Yet, there’s no downside to identifying as a protected veteran. It won’t grant you a special status or push someone else out of your way. Simply, it just lets your employer or potential employer know that you served your country. And there’s certainly no shame in that.

This article has been reviewed and updated by the SOFREP News Team.