Hiring Veterans with Disabilities - What the Law Says

Published August 11, 2020

According to the Bureau of Labor Statistics (PDF), there were 18.8 million veterans living in the United States in 2019. Among these 18.8 million veterans, approximately 25% reported having some type of service-related disability. As veterans with disabilities see their military service end, many seek employment in both the public and private sector.

There are several laws and programs designed to protect veterans during the hiring process. They also give employers incentives to hire those who have served the United States.

Several laws including the Uniformed Services Employment and Reemployment Rights Act (USERRA) and the Americans with Disabilities Act (ADA) protect veterans with disabilities seeking employment. USERRA applies to all veterans and prohibits discrimination against employees or applicants on the basis of their military status. It also allows for members of the military to return to their job after periods of active duty.

When applied to veterans with disabilities, USERRA requires employers to make reasonable accommodations that would allow the veteran to return to work. Service members who are injured in training or active duty may have up to two years from the end of their service to return to their job or apply for reemployment.

Similarly, title I of the ADA prohibits discrimination on the basis of disability in all aspects of employment. The ADA applies to all American citizens and covers all disabilities, physical or mental, regardless of whether the disability is apparent. The ADA also requires employers to make reasonable accommodations to help the worker execute the functions of the job.

Other laws also give preference to veterans with disabilities during the hiring process. The Veterans Preference Act entitles veterans, with or without disabilities, to have preference over non-veterans in hiring for jobs in the federal government, as well as retention during times of job cuts.

There are also Special Hiring Authorities for Veterans that grant preference to veterans in hiring. For example, the Veterans Recruitment Appointment allows federal agencies to non-competitively appoint a veteran to a job if the veteran has a disability and had an honorable or general discharge from their service branch. Other Special Hiring Authorities include the 30% or More Disabled Veteran Authority and the Veterans Employment Opportunities Act of 1998.

Employers looking to hire veterans with disabilities have many incentives to do so. Numerous tax credits exist for employers that hire with veterans with disabilities. The Work Opportunity Tax Credit (WOTC) is available to employers and is based on the hours worked and wages earned by the veteran. For example, an employer may claim a 25% tax credit on a veteran’s first-year wages if the veteran works at least 120 hours. The tax credit can range from $1,200 – $9,600.

Also the Returning Heroes Tax Credit provides up to $5,600 in tax credits to employers who hire veterans who have been unemployed or received food assistance in the past year. The Wounded Warrior Tax Credit allows employers to claim up to $9,600 for hiring veterans with service-related disabilities.

In addition to tax credits, the Department of Veterans Affairs offers the Veteran Readiness and Employment (VR&E) program to assist employers who hire veterans with disabilities. VR&E assists employers with salary subsidies as the veteran completes on-the-job training. This allows the employer to pay a lower wage while training the veteran and increase the wage as the training program is completed. Similarly, employers may receive an incentive to hire veterans facing significant obstacles to employment.

Through the Special Employers Incentives program, employers may be reimbursed up to 50% of the veteran’s wages for six months. VR&E also offers assistive technology programs that provide equipment to veterans with disabilities at no additional cost to the employer.

Veterans with disabilities bring a wide range of skills and experiences that would be an asset in any workplace. Veterans are disciplined, attentive to detail, good leaders, and are used to working in teams. These characteristics alone would be attractive to any potential employer. When factoring in the many incentives that employers can receive for hiring veterans with disabilities, the decision to hire a veteran can be very beneficial for the employer.

 

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