California is home to the largest number of active military personnel and veterans in the country. However, many current and former service members face military discrimination when they transition to civilian careers or struggle to maintain employment when called to active duty. Federal and state laws make military status discrimination illegal and give victims the right to hold employers accountable.
If you have experienced discrimination because of your military or veteran status, you may be legally entitled to compensation and other forms of relief. The employment discrimination attorneys at Allred, Maroko & Goldberg have years of experience in fighting and winning for victims of employment discrimination and are ready to discuss the legal remedies available to you.
Schedule a free consultation with an AMG Law military discrimination lawyer today. Call 323-746-1853 or complete our confidential contact form to take the first step toward justice.
Understanding Military or Veteran Discrimination in the Workplace
Discrimination against Los Angeles military personnel and veterans is illegal under federal and state laws, including the Uniformed Services Employment and Reemployment Rights Act (USERRA), the Americans with Disabilities Act (ADA), and the California Fair Employment and Housing Act (FEHA).
Uniformed Services Employment and Reemployment Rights Act (USERRA)
USERRA was passed in 1994 to protect military veterans and active duty military personnel from discrimination on the basis of their service. It applies to military personnel working in both public and private organizations.
Its three main provisions are:
- Military service should not disadvantage military members in their civilian careers
- Military personnel must be promptly re-employed in their civilian careers after returning from duty
- Discrimination on the grounds of past, present, or future military service is forbidden
Military personnel have the right to file a USERRA complaint if they have been subjected to illegal discrimination. According to USERRA, 62 percent of all reviewed complaints alleged military status discrimination, and 15 percent alleged improper reinstatement on return to civilian careers.
Americans with Disabilities Act (ADA)
According to the US Department of Veterans Affairs, over 450,000 receive disability compensation in California. The ADA protects the rights of all disabled Americans, including those who were disabled during military service.
This includes service members with the following disabilities:
- Traumatic brain injuries
- Sight loss
- Hearing loss
- Loss of limb
- Post-traumatic stress disorder (PTSD)
Under the ADA, employers may not refuse to hire qualified military veterans based on their disability status. Employers must also make reasonable workplace adjustments to facilitate their roles.
If you are a disabled military veteran and have experienced hiring or employment discrimination, AMG Law’s employment law attorneys are ready to hear your story. Our lawyers can evaluate your case and explain whether you have a case for violations of the ADA or other state or federal legislation.
California’s Fair Employment and Housing Act (FEHA)
The FEHA protects members of the California National Guard and other Los Angeles military personnel and veterans from discrimination.
FEHA prohibits the following based on an individual’s military or veteran status:
- Refusing to hire
- Refusing to select for a training program
- Barring or discharging a person from employment or a training program
- Discriminating in compensation, terms, conditions, or privileges of employment
- Subjecting to harassment
Under FEHA, employers must allow military personnel to keep their jobs if they are called to active duty. Different rules apply depending on the length of your military duty. If you are gone for more than 180 days, you must apply to be re-employed. However, this is not the same as applying for a new job, as the law requires your employer to rehire you.
Like the ADA, the FEHA offers protections to veterans who may suffer from disabilities due to their military service and requires employers to accommodate and to engage in the interactive process, including reinstating an employee after a medical leave of absence.
However, some employers may try to use a provision that rehiring you or reinstating you will cause undue hardship. This may excuse them from their responsibilities, but it can be hard to prove. If you believe you have been unfairly laid off or otherwise wrongfully treated for this or another reason, the legal team at Allred, Maroko & Goldberg can help you understand your rights.
Common Forms of Military or Veteran Discrimination
Despite robust laws against military discrimination, it persists in Los Angeles workplaces.
Here are some common examples that may give you the right to file a military discrimination claim:
- Wrongful termination due to military status
- Refusing to accommodate leave requests or schedule changes due to active duty deployment
- Refusing to hire or promote someone due to his or her military status
- Harassing, mocking, or insulting military personnel
- Refusing to rehire military personnel at the same seniority as before their deployment
This is just a sample of the ways employers can discriminate against military personnel. Do not quickly conclude that you do not have a case. Let a military discrimination lawyer with Allred, Maroko & Goldberg guide you through the maze of legal protections for military members and explain your legal options.
Why You Need a Los Angeles Military or Veteran Discrimination Lawyer
Experiencing military discrimination is one thing, but proving it happened and recovering the compensation you deserve is a different challenge.
As soon as you believe you have been the victim of military discrimination, consult an AMG Law employment discrimination attorney for personalized advice.
Unique advantages that experienced lawyers bring
The benefits of consulting experienced employment law attorneys include:
- Legal guidance: Federal and state law can impact your case and present you with different legal remedies. An experienced military discrimination attorney can evaluate the best path to financial recovery and restoration of your employment rights.
- Legal team: Employment law attorneys work with a legal team that can investigate your case and gather evidence to strengthen it.
- Fight for better outcomes: Each case is unique, but with a military discrimination attorney on your side, you may receive more compensation than if you go it alone.
Damages in military discrimination cases
If your attorney proves you have experienced willful violations of military or veteran-status discrimination laws, you could be entitled to the following compensation:
- Restoration of employment
- Back pay
- Future lost earnings
- Difference in pay from a denied promotion, bonus, or raise
- Your attorney’s fees and other costs
- Punitive Damages
At a free consultation, an AMG Law employment law attorney will listen to your story and advise whether you have a case. Our lawyer can also explain the damages you may be able to recover in your case.
Fight Back Against Military or Veteran Discrimination With AMG Law
Your military service is protected by California and federal laws and should not be a liability in the workplace. If an employer’s decision to discriminate based on military service has cost you your job, career advancement, or fair treatment, you have the right to fight back.
An AMG Law military or veteran discrimination lawyer can guide you through your employment and reemployment rights, whether you are an active military personnel or a veteran. We have a track record of holding employers accountable for illegal discrimination. When our law firm takes on your case, we will use everything we have to fight aggressively for your rights.
Do not delay in seeking legal advice. Call Allred, Maroko & Goldberg today at 323-746-1853 or contact us online for a free consultation to discuss your case.