Members of the military, including active duty personnel, reservists, and veterans, make immense sacrifices to serve their country. Unfortunately, many face military service discrimination in the workplace. This type of discrimination occurs when employers treat employees or job applicants unfairly because of their military status or obligations. If you’ve experienced military service discrimination in Egg Harbor Township, you have legal rights. An experienced employment lawyer can help you fight for justice and protect your career.
What is Military Service Discrimination?
Military service discrimination occurs when an employer treats an employee or job applicant unfavorably due to their military service, past service, or obligations as a member of the armed forces, National Guard, or Reserves. This includes bias against veterans, active service members, and those required to attend military training or deployments.
Legal Protections Against Military Service Discrimination
Federal and state laws provide strong protections against discrimination based on military service:
- Uniformed Services Employment and Reemployment Rights Act (USERRA): A federal law that protects service members’ employment rights before, during, and after military service. It prohibits discrimination and retaliation against individuals based on military obligations.
- New Jersey Law Against Discrimination (NJLAD): Offers additional protections for service members, veterans, and National Guard members, prohibiting discrimination in hiring, promotions, benefits, and other employment-related matters.
Examples of Military Service Discrimination in the Workplace
Discrimination can be both overt and subtle. Common examples include:
- Hiring Bias: Refusing to hire qualified candidates because they are veterans or active-duty service members.
- Denial of Promotions: Overlooking service members for promotions due to their military commitments.
- Termination or Layoffs: Firing an employee because they need time off for military training or deployment.
- Harassment: Making derogatory comments or jokes about military service.
- Retaliation: Punishing employees for asserting their rights under USERRA or NJLAD, such as requesting time off for military obligations.
- Failure to Reemploy: Refusing to reinstate employees returning from military service to their previous roles or equivalent positions.
Understanding USERRA Protections
USERRA provides broad protections to ensure military service members are not disadvantaged in the workplace. Key rights under USERRA include:
- Reemployment Rights: Service members returning from duty must be reinstated to their previous position or a comparable role with the same pay, benefits, and status.
- Protection from Discrimination: Employers cannot discriminate based on current or past military service.
- Health Insurance Continuation: Employees can continue their health insurance coverage during military service and have it reinstated upon return.
- Protection from Termination: After returning from service, employees are protected from termination without cause for a specific period based on the length of military service.
What to Do If You Experience Military Service Discrimination
If you believe you’ve been subjected to military service discrimination, take the following steps to protect your rights:
- Document the Discrimination: Keep detailed records of discriminatory incidents, including dates, times, individuals involved, and any witnesses.
- Review Company Policies: Check your employer’s anti-discrimination and military leave policies to understand the process for reporting issues internally.
- File an Internal Complaint: Report the discrimination to your HR department or supervisor, and follow up in writing to create a record.
- Seek Legal Advice: If your complaint is ignored or if you face retaliation, consult an experienced employment lawyer to explore your legal options.
How an Employment Lawyer Can Help
Military service discrimination cases can be complex, especially when employers attempt to justify their actions with other reasons. An experienced employment lawyer can:
- Evaluate your case to determine if your rights were violated under USERRA, NJLAD, or other applicable laws
- Help gather evidence, such as emails, service records, and witness statements
- File complaints with the Department of Labor’s Veterans’ Employment and Training Service (VETS) or other relevant agencies
- Negotiate settlements for lost wages, benefits, emotional distress, and punitive damages
- Represent you in court if your case proceeds to litigation
Why Choose Castronovo & McKinney?
When facing military service discrimination in the workplace, you need legal advocates committed to Protecting Your Rights. Castronovo & McKinney, LLC has extensive experience representing service members, veterans, and military families in discrimination cases throughout Egg Harbor Township and New Jersey. Their legal team is dedicated to holding employers accountable and securing justice for individuals who have experienced unfair treatment based on their military service.
Take Action Today—Don’t Let Military Service Discrimination Go Unchallenged
Your service to our country should never be a barrier to fair treatment in the workplace. If you’ve experienced discrimination based on your military status, don’t hesitate to seek legal support. Contact Castronovo & McKinney today to schedule a consultation and protect your rights.
Contact Information
New Jersey Office:
71 Maple Ave, Morristown, NJ 07960
Phone: 973.920.7888
Fax: 973.920.7924
New York Office:
420 Lexington Avenue, Suite 1830, New York, NY 10170
Phone: 646.755.3781
Fax: 646.755.3781