Posted on Aug 17, 2018
Publications - Employment Laws: Disability & Discrimination - Office of Disability Employment...
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Is discrimination of any type against Disabled Veterans lawful?
RP Members, Connections, and Friends the link above provides valuable information and I wanted to share this post from Harriet Nix with all the RallyPoint Community. Please provide your thoughts and comments. Thanks, COL (Ret) Mikel Burroughs
Have you ever been asked a question, the answer to which seems to be simple and clear, only to find out that a large and confusing “can of worms “ has been opened ?
Recently, I responded to a post on Rally Point by a Disabled and Retired Veteran, regarding specific laws in place to address the issues of abuse and discrimination of Disabled American Veterans (DAVs). The Vet (who wishes to remain anonymous) and myself struck up a friendly e-mail conversation. We determined that in order to discuss the matter fully, we should speak by phone. Such an appointment was made, and the conversation ensued for well over an hour’s time.
Following are some circumstances and incidents that The Veteran has observed or experienced:
• When interviewing for employment, the PO3 found the verbal tone of the interviewer to be belittling and on the borderline of hostile.
• After interviewing, and while still on premises, the Vet overheard derogatory comments regarding DAVs, and actually observed employment applications from Veterans being tossed into the trash.
• The Veteran contacted a Congresswoman, learned of Veterans’ Preference policies, and was told , in no uncertain terms, that these policies benefitted the Federal Government, and not the Veteran, necessarily.
• It was also reported that DAVs are often “under-employed” or their skills under-utilized; producing menial employment for which the Vet is highly over-qualified.
• Conversely, a buddy system seemed to be in play. DAVs with friends in high places, were hired without merit, and heavily compensated. An investigation was initiated in 2013 to address the swindling and over-payment.
• DAVs are often over-charged and taken advantage of by businesses, because of their guaranteed income. Auto dealers, household improvement and repair, landscaping; you name it. During a period of “Economic Stimulus”, the Veteran observed this practice often and even experienced it.
• Fraud by employers: There are Veterans with a 100% Disability Rating, without appropriate medical evidence, who are awarded generous salaries, and are working daily. (Isn’t it nice to get paid twice?) Several ( that are known to the Veteran I was conversing with ) have been covertly surveilled doing such, and had their employment terminated; while DAVs with only a 40% rating were not even considered for the same employment, although qualified.
• DAVs with under-treated PTSD are much more routinely disciplined in the workplace for the least display of any symptom, than civilian employees committing similar offenses.
Many other examples were cited during this protracted conversation. I agreed to do a little homework on the matter. The simple answer to the Veteran’s initial question, is YES. There are such laws in place.
You may have no concern regarding these issues at all. Please allow me to share the following resource if you do. https://www.dol.gov/odep/pubs/fact/laws.htm
This website addresses in depth :
*The Americans with Disabilities Act
*The Rehabilitation Act
*The Workforce Investment Act
*The Vietnam Era Veterans’ Readjustment Assistance Act
*The Civil Service Reform Act
If you have a Service Connected Disability, but are still able to work, please make certain you are treated fairly. If you are not able to work, please share this information with another Veteran who may need it.
Salute
Harriet Nix, MFA
Chief Editor, OnlyUSA.us
RP Members, Connections, and Friends the link above provides valuable information and I wanted to share this post from Harriet Nix with all the RallyPoint Community. Please provide your thoughts and comments. Thanks, COL (Ret) Mikel Burroughs
Have you ever been asked a question, the answer to which seems to be simple and clear, only to find out that a large and confusing “can of worms “ has been opened ?
Recently, I responded to a post on Rally Point by a Disabled and Retired Veteran, regarding specific laws in place to address the issues of abuse and discrimination of Disabled American Veterans (DAVs). The Vet (who wishes to remain anonymous) and myself struck up a friendly e-mail conversation. We determined that in order to discuss the matter fully, we should speak by phone. Such an appointment was made, and the conversation ensued for well over an hour’s time.
Following are some circumstances and incidents that The Veteran has observed or experienced:
• When interviewing for employment, the PO3 found the verbal tone of the interviewer to be belittling and on the borderline of hostile.
• After interviewing, and while still on premises, the Vet overheard derogatory comments regarding DAVs, and actually observed employment applications from Veterans being tossed into the trash.
• The Veteran contacted a Congresswoman, learned of Veterans’ Preference policies, and was told , in no uncertain terms, that these policies benefitted the Federal Government, and not the Veteran, necessarily.
• It was also reported that DAVs are often “under-employed” or their skills under-utilized; producing menial employment for which the Vet is highly over-qualified.
• Conversely, a buddy system seemed to be in play. DAVs with friends in high places, were hired without merit, and heavily compensated. An investigation was initiated in 2013 to address the swindling and over-payment.
• DAVs are often over-charged and taken advantage of by businesses, because of their guaranteed income. Auto dealers, household improvement and repair, landscaping; you name it. During a period of “Economic Stimulus”, the Veteran observed this practice often and even experienced it.
• Fraud by employers: There are Veterans with a 100% Disability Rating, without appropriate medical evidence, who are awarded generous salaries, and are working daily. (Isn’t it nice to get paid twice?) Several ( that are known to the Veteran I was conversing with ) have been covertly surveilled doing such, and had their employment terminated; while DAVs with only a 40% rating were not even considered for the same employment, although qualified.
• DAVs with under-treated PTSD are much more routinely disciplined in the workplace for the least display of any symptom, than civilian employees committing similar offenses.
Many other examples were cited during this protracted conversation. I agreed to do a little homework on the matter. The simple answer to the Veteran’s initial question, is YES. There are such laws in place.
You may have no concern regarding these issues at all. Please allow me to share the following resource if you do. https://www.dol.gov/odep/pubs/fact/laws.htm
This website addresses in depth :
*The Americans with Disabilities Act
*The Rehabilitation Act
*The Workforce Investment Act
*The Vietnam Era Veterans’ Readjustment Assistance Act
*The Civil Service Reform Act
If you have a Service Connected Disability, but are still able to work, please make certain you are treated fairly. If you are not able to work, please share this information with another Veteran who may need it.
Salute
Harriet Nix, MFA
Chief Editor, OnlyUSA.us
Publications - Employment Laws: Disability & Discrimination - Office of Disability Employment...
Posted from dol.gov
Disabled Veterans
Disability
Law
Discrimination
Respect
Edited >1 y ago
Posted >1 y ago
Responses: 27
17
17
0
My wife is not a veteran, however, I believe what happened to her at a government organization in Indianapolis will illustrate how some organizations operate. If an organization does not follow rules, regulations, and laws then it is corrupt. The organization inculcates the values of the manager(s) which are or may be incongruous with the letter and spirit of federal laws protecting employees.
She was fired after a surgery. The organization claimed she was an undependable worker despite the fact she accumulated the most hours covering for employees who called in sick. Apparently the lab manager wanted to hire a friend and needed a vacancy. My wife and I decided to fight it on the basis it was wrong and to fight for the rights of other employees. We hired a retired SJA SGM who became an EEO investigator turned attorney. He coordinated with the Police to subpoena hard drives of the managers and learned they erased every vestige of my wife's name off of the computers. To make a long story short, we won the case and learned that the attorney was a bulldog.
My wife also reported to me that a veteran applied for a position in the organization. They screened him out by noting he does not know how to use excel spreadsheets, despite the fact lab technicians don't use the program.
She was fired after a surgery. The organization claimed she was an undependable worker despite the fact she accumulated the most hours covering for employees who called in sick. Apparently the lab manager wanted to hire a friend and needed a vacancy. My wife and I decided to fight it on the basis it was wrong and to fight for the rights of other employees. We hired a retired SJA SGM who became an EEO investigator turned attorney. He coordinated with the Police to subpoena hard drives of the managers and learned they erased every vestige of my wife's name off of the computers. To make a long story short, we won the case and learned that the attorney was a bulldog.
My wife also reported to me that a veteran applied for a position in the organization. They screened him out by noting he does not know how to use excel spreadsheets, despite the fact lab technicians don't use the program.
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SSG Jose M. Hernandezsanchez
MAJ Ken Landgren - Sir, I'm cleared what you are referring to, but that's the only instance I known. And this is because I know the couple thru my wife. Very unfortunate situation.
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MAJ Ken Landgren
SSG Jose M. Hernandezsanchez - Tell me if she wants to fight it. I can get her a bulldog of an attorney who represented us against the VA.
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SSG Jose M. Hernandezsanchez
MAJ Ken Landgren - Hahahaha!!! This happened many many years ago. She's retired now and has been for nearly 10 years after working at a smaller clinic. I just remembered her story when I read your post, that's why I brought it up Sir.
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Harriet Nix
Yes you are ! In several ways. Never feel any hesitation to question such, and get the full and appropriate information.
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Harriet Nix
Thank you Chip ! There are men and women out there that do not know of such federal enactments. All sharing is welcomed !
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