EEOC Issues Document on Preventing Military Service Employment Discrimination

On November 10th, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released a resource document on  employment discrimination based on military service. Specifically, the document describes federal protections from unlawful discrimination against service members and veterans. Called “Protections Against Employment Discrimination for Service Members and Veterans,” the document was jointly authored by the EEOC and three other federal agencies. Particularly, the U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP), the U.S. Department of Labor Veterans’ Employment and Training Service, and the U.S. Department of Justice Civil Rights Division co-authored the document. Earlier, on November 4, the EEOC released for comment a draft of its next EEOC Strategic Plan.

Overview of the Military Service Employment Discrimination Document

In summary, the release details federal laws and other authorities that provide workplace protections specific to service members and veterans. Significantly, this document is the first publication to help veterans and service members determine which laws and federal agencies are responsible for enforcing their workplace rights. The document also informs employees where to seek assistance if they believe employers violated those rights. Chiefly, the resource states that two federal laws prohibit employment discrimination based on one’s status as a service member or veteran:

• Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits civilian employers from discriminating against one based on their present, past, and future military service.
• Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA) prohibits federal contractors and subcontractors from discriminating in employment against protected veterans. VEVRAA also requires employers to take affirmative action to recruit, hire, promote, and retain these individuals.

Additionally, the document touches on federal laws that prohibit discrimination against applicants and employees for other reasons. These laws include:

• Americans with Disabilities Act of 1990
• Section 503 of the Rehabilitation Act of 1973
• Title VII of the Civil Rights Act of 1964
• Equal Pay Act of 1963
• Age Discrimination in Employment Act of 1967
• Genetic Information Nondiscrimination Act of 2008
• Immigration and Nationality Act’s Anti-Discrimination Provision
• Executive Order 11246

Equally important to providing information about laws that protect service members and veterans, the document also explains other general protections. Indeed, those include protections from retaliation, disability discrimination, sexual harassment, and other covered bases. Finally, the document explains how affected parties can assert their rights under both USERRA and VEVRAA. This information includes how to file complaints and where they can access their protected rights. As you share resources on USERRA, VEVRAA, and related anti-discrimination protections for service members and veterans, make sure your onsite notices reinforce those rights—post the latest federal employment labor law poster alongside EEO, pay-transparency, and OFCCP notices in break rooms and onboarding packets so applicants and employees know complaint channels, protected categories, and retaliation safeguards at a glance.