Washington State Human Rights Commission

I thought veterans already had protections under federal law. What are the differences between state and federal protections?

The Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994 protects most veterans who have served in or are currently serving in the uniformed services. USERRA is enforced by the U.S. Department of Labor. USERRA protects veterans and service members against discrimination based on past, present, or future military service and prohibits retaliation against those who file claims under USERRA.

The Veterans Employment Opportunities Act (VEOA) of 1998 covers veterans’ preference in hiring at the federal level and is enforced by the U.S. Department of Labor.

Section 402 of the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) of 1974 prohibits job discrimination against veterans with disabilities. VEVRAA also requires affirmative action in hiring when an employer has federal contracts of $25,000 or more.
Washington State law gives preference for hiring honorably discharged veterans of wars and military campaigns for state employment, including employment in every public department and public works of the state. Widows or widowers are also eligible for preference in employment. RCW 73.16.10.

The Washington Law Against Discrimination (WLAD), RCW 49.60, prohibits discrimination against on the basis of honorably discharged veteran or military status in the areas of employment, housing, public accommodation, and credit and lending. The WLAD also has greater protections for people with disabilities, as compared to the federal Americans with Disabilities version. This includes protections for people with traumatic brain injury, Post Traumatic Stress Disorder (PTSD), and depression or anxiety.

If I have questions about federal laws, who can I contact for more information?

There are many resources available. A good first point of contact is the Washington Department of Veteran Affairs (WDVA) at 1-800-562-2308. If your question is related to employment issues about the National Guard or Reserve, you may wish to contact Employer Support of the Guard and Reserve (ESGR) at 1-800-336-4590. ESGR is part of the U.S. Department of Defense.
If your question is about USERRA, you can also contact the U.S. Department of Labor at 1-800-487-2365.

As an employer, can I treat people who volunteer for military service differently than people who are ordered to active duty?

No, treating service members differently would be a violation of the WLAD and USERRA. A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation. 43 USC § 4311(a).

As a service member, how much advance notice am I required to provide to my employer when I know I will be leaving on duty?

There is no firm requirement for the amount of advance notice required under federal or state law, but the notice must be provided either in writing or verbally. An employee should have open communication with their employer and provide notice as soon as possible. However, under military orders, a person may be ordered to duty on a shorter timeframe.

For more information on USERRA and your rights and responsibilities under the law, visit www.dol.gov/vets/ and click on “USERRA Questions.”

I am a veteran with a disability. If I am discriminated against, would I file a complaint because of my disability or my veteran status?

It depends on the situation. The WSHRC looks at the facts specific to each case. In some situations, discrimination happens based on multiple protected classes. For example, an honorably discharged veteran who also has Post Traumatic Stress Disorder (PTSD) and was asked probing questions during an interview about her PTSD could file a discrimination complaint both because of her military status and her disability.

An employer should not ask questions based on stereotypes. For example, an employer should not ask questions about political beliefs related to military service or questions based on the assumption that veterans and service members have PTSD or other mental health conditions or disabilities.

An employer may ask questions about military service the same as an employer would ask about any other work experience that may be relevant to the position.

I’ve returned from military service and can’t perform my old job because of a service-connected disability. What should I do?

You may be able to perform your old job with reasonable accommodations. A reasonable accommodation might include a change of work schedule, modification to the equipment used to perform the work, or a reassignment of work duties. A person needs to be able to perform the essential functions of the job with or without a reasonable accommodation. See our materials on reasonable accommodation on our website at www.hum.wa.gov.

My co-workers make fun of me because they say I have PTSD. What should I do?

PTSD is a medical condition and is considered a disability under the WLAD. The WLAD prohibits discrimination on the basis of real or perceived disability. Employers can be held liable for harassment based on a number of factors, including disability and veteran status. There are a number of options if you are being harassed at work on the basis of a protected class. Document the incident, including what was said, time of day, and witnesses, if any.

While one or two incidents may not rise to the level of illegal discrimination, it is important to take note of what is said, in case the situation worsens. Try to solve the issue at the lowest level possible. Try talking with the harassing party and let them know that you do not appreciate their behavior. You can also notify your supervisor or employer about the incident(s). An employer has the duty to keep the workplace free from harassment and discrimination.

If you have additional questions or concerns, visit our website at www.hum.wa.gov, or contact us at 1-800-233-3247.

My employer didn’t hold my job open for me while I was on active duty. What should I do?

Under USERRA, an employer has legal responsibilities to keep a position open when someone is deployed. If you notified your employer of your deployment and your position was not held open, you can contact the U.S. Department of Labor at 1-800-487-2365. The WDVA is also a resource and can be reached at 1-800-562-2308.

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