Military Status Discrimination

Although our veterans and active military members deserve the utmost respect for their sacrifices for our country, military and veteran status discrimination is unfortunately very prevalent in today’s workplace. Discriminating against an employee because of their military and veteran status is illegal. If you believe you were discriminated against because of your military and veteran status, it is recommended to contact an attorney with significant experience in military and veteran status discrimination and harassment cases. There are certain skills necessary to prove a military and veteran status discrimination case, and our attorneys’ experience and knowledge will have a direct impact on the value of your case. It is important to note that protections not only apply to employees, but also job applicants.

Some examples of military discrimination and military harassment may include:

• Teasing the employee about their military status
• Refusing to hire an applicant because of their military status
• Employer replaced employee with another worker and did not hold a job open for employee’s return from active or reserve duty
• Employee/Applicant was not hired or was fired specifically because they have been diagnosed with post-traumatic stress disorder (which may result in a disability discrimination claim as well)
• You were specifically not hired by a company because you are a former U.S. service member
• You were not hired because of your status as a member of a military reserve or National Guard unit
• You were denied promotional opportunities because of your status as a veteran or member of a reserve or National Guard unit
• You were fired because of your pending deployment for active duty
• Denying the employee opportunities
• Overly monitoring and scrutinizing the employee
• Unfairly disciplining the employee
• Denying the employee benefits

In California, the principal statute governing employment discrimination is the Fair Employment and Housing Act (“FEHA”) (Govt C §§12900–12996). This statute protects the right of all persons to seek, obtain, and hold employment without discrimination based on race, religion, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age (at least 40), military and veteran status, or pregnancy. (Govt C §§12940(a), 12941, 12945(a)). This statute does not only protect paid employees but also extends to individuals who are unpaid interns and volunteers. (Govt C §12940(j)).

Further, the California Military and Veterans Code §394(a) provides: No person shall discriminate against any officer, warrant officer or enlisted member of the military or naval forces of the state or of the United States because of that membership. No member of the military forces shall be prejudiced or injured by any person, employer, or officer or agent of any corporation, company, or firm with respect to that member’s employment, position or status or be denied or disqualified for employment by virtue of membership or service in the military forces of this state or of the United States.

Employees who have experienced military status discrimination in California or who are currently experiencing military status discrimination in California because of their age may bring forward a claim under the California Fair Employment and Housing Act (“FEHA”) or the California Military and Veterans Code described above, amongst other protections. A successful claim may assist the employee in recovering lost wages and benefits, emotional distress damages, as well as an additional financial award for the poor treatment, amongst other awards.

If you believe you have been treated differently because of your military status, give us a call at 855-IM-FIRED for a free case evaluation. Our attorneys have substantial experience with these types of cases proudly representing our service members in the military (including the Marines, Navy, Reserves, and more) who have been discriminated against in the past or who are currently experiencing military status discrimination.

There are no up-front costs and you do not pay any attorneys’ fees unless we get a recovery in the case.

Contact our Los Angeles California employment attorneys and lawyers now for all of your employee rights’ needs! The employee bringing forward the claims of military and veteran status discrimination must prove by a preponderance of the evidence that the employee’s military service and/or military and veteran status was a motivating factor in the employer’s decision to take an adverse employment action against the employee. If the employee meets this burden, he or she will prevail on a claim for military and veteran status discrimination unless the employer can prove that it would have taken the same adverse action in the absence of the employee’s military service.