Each year, thousands of military personnel stationed around the world leave active duty and seek to return to jobs they held before entering the service or look to find their first, or new, civilian jobs. According to government statistics, between October 2001 and February, 2008, more than 30,000(1) veterans returned home with service-connected disabilities (e.g., amputations, burns, post traumatic stress disorder (PTSD), and traumatic brain injuries).(2)
At least two federal laws provide important protections for veterans with disabilities. The Uniformed Services Employment and Reemployment Rights Act (USERRA), which is enforced by the U.S. Department of Labor (DOL), sets forth the requirements for reemploying veterans with and without service-connected disabilities. Title I of the Americans with Disabilities Act (ADA), which the U.S. Equal Employment Opportunity Commission (EEOC) enforces, prohibits private and state and local government employers with 15 or more employees from discriminating against individuals on the basis of disability. Title I of the ADA also generally requires covered employers to make reasonable accommodations – changes in the workplace or in the way things are usually done that provide individuals with disabilities equal employment opportunities. Section 501 of the Rehabilitation Act applies the same standards of non-discrimination and reasonable accommodation as the ADA to Federal Executive Branch agencies and the United States Postal Service...
...The ADA prohibits discrimination “against a qualified individual with a disability because of the disability of such individual.” However, the law neither prohibits nor requires affirmative action on behalf of individuals with disabilities. An employer, therefore, may--but is not required to--hire a qualified individual with a disability (including a veteran with a service-connected disability) over a qualified applicant without a disability.