The EEOC recently issued three revised guidance documents addressing the application of the Americans with Disabilities Act (ADA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA) to the employment of veterans with disabilities: (1) EEOC Efforts for Veterans with Disabilities, (2) Understanding Your Employment Rights Under the Americans with Disabilities Act: A Guide for Veterans, and (3) Veterans and the Americans with Disabilities Act: A Guide for Employers.
Employers seeking a refresher on veterans’ rights and individuals with service-connected disabilities may benefit from these primers, which endeavor to break down a complex area of employment law into easily digestible Q&As. For example, these publications:
- Analyze the applicable definition of disability and provide instructive examples of service-connected medical conditions that would qualify an individual for protection under the ADA
- List potential accommodations that veterans with disabilities may require in connection with the application process, return to work, or continued employment
- Address the legality of giving hiring preference to an individual with a disability over other applicants for an employment position
- Provide guidance on the permissible scope of employer inquiries concerning a veteran’s potential need for a disability-related accommodation
- Advise concerning the confidential handling of information reflecting the status of an individual as a veteran with a disability that is collected for affirmative action purposes
- Highlight the rights of veterans with disabilities returning from leave protected by USERRA, including an employer’s obligation to make reasonable efforts to help qualify the individual for certain employment positions
- List resources for veterans and employers including links to relevant anti-discrimination, anti-retaliation, and leave laws, resources for the recruitment and hiring of veterans, and organizations dedicated to supporting and/or providing job-related accommodations
What Employers Should Do
Keep an eye on this blog for updates. We expect to see the EEOC continue to issue updated agency guidance on the laws under its jurisdiction, as EEOC Chair Janet Dhillon has made it a goal to enhance the agency’s existing compliance materials (though, notably, the EEOC is not the agency responsible for USERRA enforcement). We’ll continue watching for further guidance.
What ReedGroup Is Doing
ReedGroup continues to offer compliant USERRA and ADA administration services and software, which assist large employers in managing leave and accommodations for employees who are current or former servicemembers and/or have disabilities.
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If you’re looking for assistance managing claims or to ensure compliance across your organization, ReedGroup has solutions for you. Check out our offerings here.
Information provided on this blog is intended for general educational use. It is not intended to provide legal advice. ReedGroup does not provide legal services. Consult an attorney for legal advice on this or any other topic.