If you believe you were denied a job, fired, or treated unfairly at work because of your military service or veteran status, federal and state laws protect you. The Uniformed Services Employment and Reemployment Rights Act (USERRA) and several state-level veteran preference laws make it illegal for employers to discriminate against you based on your service. You can file a complaint with the U.S. Department of Labor's Veterans' Employment and Training Service (VETS), pursue a claim through the Office of Special Counsel, or take private legal action. Below, you'll find exactly where to go, what to expect, and how to protect your rights.

What counts as veteran employment discrimination?

Veteran employment discrimination happens when an employer treats you unfavorably in hiring, promotions, pay, job assignments, or termination because of your military background, service-connected disability, or obligation to fulfill reserve or National Guard duties. This includes refusing to hire someone because they might get deployed, passing over a qualified veteran for promotion due to assumptions about PTSD, or retaliating against a service member who takes military leave.

It also covers situations where an employer fails to provide reasonable accommodations for a service-connected disability under the Americans with Disabilities Act (ADA). For example, if a veteran with a traumatic brain injury requests a modified schedule for medical appointments and the employer refuses without justification, that may qualify as discrimination.

Which federal laws protect veterans at work?

Two main federal laws apply:

  • USERRA (Uniformed Services Employment and Reemployment Rights Act): Protects your right to return to your civilian job after military service. Employers cannot deny employment, reemployment, promotion, or any benefit of employment based on military service. It applies to all employers, regardless of size. Learn more from the Department of Labor.
  • ADA (Americans with Disabilities Act): Protects veterans with service-connected disabilities from workplace discrimination and requires employers with 15 or more employees to provide reasonable accommodations.
  • Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA): Requires companies with federal contracts to take affirmative action to hire and promote protected veterans, including disabled veterans, recently separated veterans, and campaign badge recipients.

Many states also have their own veteran preference laws that go beyond federal protections. Some states, for example, give veterans extra points on civil service exams or require state agencies to prioritize veteran applicants.

How do I file a veteran employment discrimination complaint?

You have several options depending on the type of discrimination and your situation:

1. File with the Department of Labor (VETS)

If your claim falls under USERRA, contact the Department of Labor's Veterans' Employment and Training Service. You can file a complaint online, by phone, or in person. VETS will investigate and try to resolve the issue. If they can't, they can refer your case to the Department of Justice or the Office of Special Counsel for further action.

Phone: 1-866-487-2365
Online: DOL USERRA Complaint Form

2. File with the Equal Employment Opportunity Commission (EEOC)

If your claim involves disability discrimination (ADA) or another form of workplace discrimination related to veteran status under Title VII, file a charge with the EEOC. You generally have 180 days from the date of the discriminatory act to file (305 days if your state has its own anti-discrimination agency).

3. Take private legal action

Under USERRA, you can also file a private lawsuit in federal court. You don't need to go through VETS first. There's no statute of limitations for USERRA claims if the violation was willful, but it's best to act quickly while evidence is fresh and witnesses are available.

Where can I find free legal help as a veteran?

Several organizations provide free or low-cost legal assistance to veterans facing employment discrimination:

  • Veterans Legal Services organizations: Many law schools and bar associations run veteran-specific legal clinics. Search for "veterans legal aid" plus your state to find local programs.
  • Stateside Legal: A free legal resource at statesidelegal.org that covers employment rights, benefits, and discrimination topics for military members and veterans.
  • The American Bar Association's Military Pro Bono Project: Connects active-duty military and veterans with volunteer attorneys.
  • Legal Aid societies: Many local legal aid offices handle veteran employment cases at no cost if you qualify based on income.
  • County Veterans Service Officers (CVSOs): These local government officials can connect you with legal resources and help you navigate complaints.

If you're still in the job search phase and haven't experienced discrimination but want to explore veteran-friendly employers, check out state veteran job banks and online employment portals that list employers actively seeking veteran talent.

What proof do I need to support a discrimination claim?

Strong documentation makes a real difference. Here's what helps:

  • Written communication (emails, texts, letters) that shows bias against your veteran status
  • A timeline of events, including dates you applied, interviewed, were denied, or were terminated
  • Job postings or descriptions that exclude military personnel or reservists
  • Statements from coworkers or managers who witnessed discriminatory behavior
  • Your DD-214 or military orders showing your service history
  • Performance reviews that contradict the employer's stated reason for adverse action

Keep a written log of every interaction related to the issue. Note dates, times, who was involved, and what was said. Store copies of everything in a safe place outside your work email or company devices.

What are common mistakes veterans make with discrimination claims?

Avoid these pitfalls:

  • Waiting too long to act. While USERRA has generous time limits, EEOC charges have strict deadlines. Missing a deadline can kill your case.
  • Resigning before documenting. If you quit, it can be harder to prove you were pushed out. Document everything before making that decision.
  • Relying only on verbal conversations. Follow up verbal conversations with a confirming email so there's a written record.
  • Assuming the employer knows the law. Many small employers genuinely don't understand USERRA or veteran preference requirements. Sometimes a direct, factual letter about your rights resolves the issue without legal action.
  • Not seeking help early. A free consultation with a veterans' legal aid attorney can clarify your options before you make costly mistakes.

Can my employer fire me for being in the National Guard or Reserves?

No. USERRA explicitly prohibits employers from denying you initial employment, reemployment, retention, promotion, or any benefit of employment because of your military service obligation. If your employer fires you, reduces your hours, or passes you over for promotion because of your reserve or Guard commitments, that's illegal.

This also applies during your reemployment rights. When you return from active duty, your employer must reinstate you to the job you would have held if you had never left, with the same seniority, status, and pay. They can't put you in a lesser position as punishment for leaving.

Do state laws offer extra protections for veteran employees?

Yes. Many states go further than federal law. Some examples:

  • Several states give veterans preference in public-sector hiring through extra civil service exam points
  • Some states prohibit discrimination based on veteran status under their own human rights laws, which may cover smaller employers than federal law does
  • States like California, New York, and Illinois have robust veteran employment protections with state enforcement agencies that handle complaints

If you're in Maryland, you can also look into Maryland veteran job placement assistance programs for additional support during your job search or transition.

What if my employer won't accommodate my service-connected disability?

If you have a service-connected disability and your employer refuses a reasonable accommodation, you may have a claim under both the ADA and USERRA. Common accommodations include modified workstations, flexible scheduling for medical appointments, temporary reassignment to lighter duties, or assistive technology.

Start by making your request in writing. Explain the limitation, suggest a specific accommodation, and include documentation from your VA healthcare provider if possible. If the employer denies the request, they need to show that the accommodation would cause "undue hardship." Vague claims of cost or inconvenience are usually not enough.

How does veteran discrimination show up in hiring?

Discrimination during hiring can be subtle. Some real-world examples:

  • A hiring manager asks about your PTSD or mental health treatment during an interview
  • A job posting says "no reservists" or "must have no military obligations"
  • You're told you're "overqualified" when the real concern is that you might get deployed
  • An employer assumes your military skills don't transfer to civilian roles and rejects your application without considering your qualifications
  • You're asked about future deployment plans during the application process

If you're actively job searching, exploring veteran IT career transition and tech job programs or connecting with your local veteran employment office can help you find employers who value military experience.

What should I do right now if I think I'm being discriminated against?

  1. Document everything. Write down what happened, when, who was involved, and save any written evidence.
  2. Know your rights. Read the USERRA fact sheet from the Department of Labor so you understand which protections apply to your situation.
  3. Contact VETS or the EEOC. File a formal complaint or at least call to discuss whether your situation qualifies.
  4. Get legal advice. Reach out to a veterans' legal aid organization for a free consultation. Many will take your case at no cost.
  5. Don't retaliate or resign impulsively. If your employer retaliates after you file a complaint, that's a separate violation you can add to your case.
  6. Explore veteran-friendly employers. While pursuing your claim, consider using veteran small business employment incentive programs and state veteran job banks to find employers committed to fair veteran hiring.

Quick checklist: Write down what happened today with dates and details. Save all evidence on a personal device. Call the DOL Veterans' Employment hotline at 1-866-487-2365 or visit dol.gov/agencies/vets to start a complaint. Schedule a free consultation with a veterans' legal aid clinic in your area this week. Every day you wait, evidence gets harder to preserve.