The Equal Employment Opportunity Commission (EEOC) has released new guidance addressing how changes to the Americans with Disabilities Act (ADA) affect the employment of veterans with disabilities.
One of the guides is aimed at employers, and the other is for veterans. Both are available at www.eeoc.gov.
The guides reflect changes brought about by the ADA Amendments Act of 2008 (ADAAA). That law makes it “easier for veterans with a wide range of impairments — including those that are often not well understood — such as traumatic brain injuries and posttraumatic stress disorder, to get needed reasonable accommodations” to help them acquire and perform jobs, according to a statement from the EEOC.
“Veterans and the Americans with Disabilities Act: A Guide for Employers” explains how protections for veterans with service-connected disabilities differ under the ADA and the Uniformed Services Employment and Reemployment Rights Act (USERRA). It also explains how employers can prevent disability-based discrimination and provide reasonable accommodations, according to the EEOC statement.
In the introduction to the guide, the EEOC says that about 25 percent of recent veterans report having a service-connected disability. That compares to about 13 percent of all veterans. Common injuries incurred by the recent veterans include missing limbs, burns, spinal cord injuries, posttraumatic stress disorder, hearing loss, and traumatic brain injuries.
The employer’s guide explains how the ADA applies to recruiting, hiring, and accommodating veterans with disabilities and how protections for veterans with disabilities differ under USERRA and the ADA. The guide is in question-and-answer format. Here are some of the questions:
— What protections does the ADA provide to veterans with disabilities?
— When is a veteran with a service-connected disability protected by the ADA?
— What steps should an employer take if it asks an applicant to self-identify as a “disabled veteran” for affirmative action purposes?
— May a private employer give preference in hiring to a veteran with a disability over other applicants?
— What are some specific steps employers may take to recruit and hire veterans with disabilities?
— May an employer ask a veteran with a disability whether a reasonable accommodation is needed if none has been requested?
— How does USERRA differ from the ADA?
The EEOC says that three million veterans have returned from military service over the past decade, and another one million are expected to return to civilian life during the next five years because of the anticipated drawdown of operations in the Middle East. The EEOC says that an October report from the Bureau of Labor Statistics shows unemployment for post-9/11 veterans hovers around 12 percent, which is more than three percentage points higher than the overall unemployment rate.