Florida Military Status Discrimination Attorney
Are you a service member who has faced unfair treatment in the workplace due to your military status? The effects of such discrimination can be devastating, impacting your career and personal life. It is crucial to understand the laws and protections in place to fight against this injustice.
Yormak Employment & Disability Law has a proven track record of helping employees facing employment law challenges in Florida. If you have experienced workplace discrimination related to your military status, we can help. Contact us for a free consultation.
Understanding Military Status Discrimination in Florida
Military status discrimination occurs when a person is mistreated in the workplace due to their military service or affiliation.
Discrimination can severely affect a person’s career, leading to lost job opportunities, reduced wages, and emotional distress. Service members, including military veterans, deserve equal opportunities, which can be achieved by recognizing and addressing military status discrimination.
Common Forms of Discrimination
Military status discrimination can take many forms in the workplace:
- Denial of Promotions: This form of discrimination occurs when a service member is overlooked for a promotion due to their military status. Despite having the necessary qualifications and performing at a high level, these employees may find themselves stuck in the same position for an extended period.
- Termination: When an employee is unfairly dismissed from their job due to their military status, it is considered a clear violation of service members’ rights. This could be due to the employer’s bias against the military, or the employer does not want to accommodate the employee’s military commitments.
- Harassment: This can include offensive remarks or jokes about a person’s military service, as well as physical threats or intimidation. Harassment can create a hostile work environment that interferes with a service member’s ability to perform their job, causing emotional distress and impacting their overall well-being.
- Retaliation Due to Military Service or Affiliation: Occurs when an employer punishes an employee for asserting their rights under the laws protecting military status discrimination. Retaliation can come in various forms, such as negative job evaluation, demotion, job transfers, change in job assignments, or even termination.
- Declining to Hire Veterans: Employers cannot refuse to hire someone solely based on their status as a veteran. Despite possessing the necessary skills and qualifications for the job, veterans might be turned down for positions due to misconceptions about the impact of military service on a person’s ability to perform in a civilian job.
- Making Adverse Employment Decisions Based on an Individual’s Military Status: This form of discrimination can manifest as unequal pay, unfavorable job assignments, or limited access to training and development opportunities. These illegal acts undermine the hard-earned rights and privileges of those who have served our country.
- Military Disability Discrimination: Another form of military discrimination is disability discrimination related to military service. This occurs when an employer fails to provide reasonable accommodations for a service member’s disability or denies employment opportunities based on their disability.
Military Discrimination Laws & Protections
Several laws and protections exist to safeguard military personnel from employment discrimination. These employment law provisions provide a range of protections for past and present service members, such as reemployment rights, promotion opportunities, and protection against disability discrimination.
Service members and veterans can uphold their rights and receive equal workplace opportunities by understanding anti-discrimination laws and protections. Seeking legal assistance to navigate complex laws and pursue justice is critical if you believe you’ve been a victim of military status discrimination.
Uniformed Services Employment and Reemployment Rights Act (USERRA)
The Uniformed Services Employment and Reemployment Rights Act is a federal law that provides reemployment rights and prohibits discrimination against service members. USERRA applies to all public and private employers, regardless of size, and protects individuals who have previously served, are currently serving, or are obligated to serve in the uniformed service from military status discrimination. USERRA outlines fundamental obligations for employers and disallows any discrimination against current or former military personnel.
USERRA provides several benefits for those leaving their jobs for military service, such as continuing their employer-based healthcare plan for up to 24 months while serving in the military. Employers are also not permitted to retaliate against anyone who assists in enforcing USERRA rights.
Vietnam Era Veterans Readjustment Assistance Act (VEVRAA)
The Vietnam Era Veterans’ Readjustment Assistance Act is another federal law that offers additional protections for Vietnam veterans and disabled veterans. VEVRAA prohibits discrimination against veterans and mandates employers to take affirmative action to recruit, hire, promote, and retain veterans.
The Family and Medical Leave Act
The Family and Medical Leave Act is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave for medical and family-related reasons. FMLA grants military family members the right to take unpaid leave for caregiving and active duty.
Understanding FMLA provisions can help service members and their families secure the necessary time and support for balancing personal and professional lives.
Legal Remedies for Military Status Discrimination Victims
Victims of military status discrimination have several legal remedies, including filing employment discrimination claims. These options also include filing a complaint with the U.S. Department of Labor’s Veterans’ Employment and Training Service (VETS) and pursuing a lawsuit to seek compensation and justice for the discrimination they have experienced.
Filing a Complaint with VETS
Service members who believe their USERRA rights have been violated can file a complaint with the Department of Labor’s Veterans’ Employment and Training Service. VETS will investigate the complaint and work to resolve it. Their goal is to find a satisfactory solution in a timely manner.
If VETS is unsuccessful in resolving the issue, the service member may request the Department of Labor to forward the complaint to the Department of Justice’s Civil Rights Division.
Pursuing a Lawsuit
In addition to filing a complaint with VETS, military status discrimination victims may pursue a lawsuit to seek compensation and justice. This can involve filing a lawsuit in court, gathering evidence, and presenting their case before a judge or jury.
Pursuing a lawsuit can be a complex and time-consuming process. Still, with the assistance of a skilled attorney, victims of military status discrimination can better navigate the legal system and hold their employers accountable for their actions.
How a Florida Military Status Discrimination Attorney Can Help
A military status discrimination attorney can provide invaluable assistance to people experiencing discrimination due to their military status. An experienced military discrimination lawyer offers knowledge of employment laws, legal representation, and guidance on compliance with deadlines, ensuring that victims of military status discrimination have the best possible chance of achieving a successful outcome in their case.
Case Evaluation: Conducting a thorough case evaluation is a significant step in assessing the validity of your claim. During a case evaluation, an attorney will examine the facts of the case, determine the most appropriate course of action, and identify any potential legal remedies available.
Legal Representation: In cases of military status discrimination, legal representation is necessary to advocate for a service member’s rights and seek justice. With the assistance of an experienced attorney, victims of military status discrimination can effectively navigate the legal system.
Ensuring Compliance with Deadlines and Procedures: Adherence to deadlines and procedures is vital to ensure the best possible outcome in a military status discrimination case. Failure to comply with deadlines can result in delays and lost opportunities. A skilled attorney can provide guidance on relevant laws and regulations, assist with understanding deadlines, and ensure strict adherence to the instructions provided.
Contact Us for a Free Consultation
If you believe you have been a victim of military status discrimination, don’t hesitate to take action. Yormak Employment & Disability Law is here to help. We bring unparalleled expertise under the leadership of attorney Benjamin H. Yormak, a board-certified expert in employment law. Contact us today for a free consultation.