ROBIN PAGGI: Employers, veterans have responsibilities to each other
BY ROBIN PAGGI, Contributing columnist
Operation Iraqi Freedom has ended and while some U.S. troops will remain in Iraq and others will be sent to Afghanistan, many will return home. This event will have an impact on many employers and presents an opportune time to discuss the Uniformed Services Employment and Reemployment Rights Act.
According to the U.S. Department of Labor, USERRA prohibits employers from discriminating against service-members, regardless of whether they served in the past, they are presently serving, or will be serving in the future. California's Fair Employment and Housing Act prohibits employers from discriminating against veterans as well. Despite these prohibitions, a 2007 study released by Veterans Affairs in conjunction with Abt Associates, Inc., revealed that recently separated service-members "face more economic and employment issues compared to their peers."
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Robin Paggi
Additionally, according to the Department of Labor, in 2009 the unemployment rate of young Iraq and Afghanistan veterans was 21.1 percent compared to 16.6 percent for non-veterans of the same age. This data suggests that veterans might be encountering some job discrimination, which is against the law.
Additionally, in his presentation "Status of Veterans Unemployment" to the House Veterans Affair Committee, Tim Embree, spokesman for the Iraq and Afghanistan Veterans of America, said that, "Tens of thousands of reservists returning from combat are not being promptly re-employed or when re-employed they are not receiving the pay, pensions, health care coverage and other benefits they are entitled to."
Employers should know that USERRA also protects the job rights and benefits of veterans and reserve members by requiring the following of employers:
* Allowing service members to return to work if they have been absent for military duty for up to five years (there are some exceptions to the five-year limit).
* Re-employing service-members in jobs that they would have attained were it not for their military service with the same seniority and rights/benefits determined by seniority (this is called the "escalator" principle).
* Engaging in reasonable efforts to refresh or upgrade the skills of returning service members that would help them qualify for re-employment in an "escalator" position.
* Providing alternative positions if service members do not qualify for an "escalator" position.
* Continuing health and pension plan coverage during military duty for up to 24 months (in some cases, employees must pay the full premiums for their health care).
* Providing information to persons entitled to USERRA rights and benefits.
* Reasonably accommodating disabled veterans. (According to www.huffingtonpost.com, there are now approximately 2.9 million disabled U.S. veterans.)
USERRA also has requirements of service members and veterans, which include:
* Providing employers with advance notice of all military duty (unless it is impossible, unreasonable, or precluded by military necessity).
* Applying for re-employment within a certain time period that is based on the length of their military service.
Fortunately for employers and veterans, there are many resources available to help former service-members return to employment, such as:
* Employers can receive up to $4,800 in tax credits for hiring a veteran. Additionally, employers hiring disabled veterans may qualify for benefits and incentives through the Vocational Rehabilitation & Employment programs or other federal resources. Check out www.hireveterans.com or call (619) 819-9360 for more information.
* The Office of Federal Contractors Compliance Programs creates incentives for federal contractors to employ veterans. Contact them at www.dol.gov/ofccp or 1-866-487-2365.
* Veterans can be connected with employers who value their experience and skills through www.militaryhire.com.
* Employers, service members and veterans can find more information about USERRA at www.dol.gov/elaws/vets/userra/userra.asp or by contacting the U.S. Department of Labor at 1-866-487-2365.
The Iraq War is over. Returning those who served in it to employment has begun.
-- Robin Paggi is a Certified Human Resources Professional with KDG Human Resource Solutions, a division of the Klein, DeNatale, Goldner law firm. These are her opinions, not necessarily those of The Californian.
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