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Disabled Veterans Not Always Protected By Employment Laws
Many disabled individuals who would like to enter, and or remain in the job market typically encounter many barriers in doing so. Our run-down economy has resulted in an overwhelming amount of job losses, lack of new job opportunities, and further distresses for the already disabled and destitute. However, it is imperative to note that the current economic and occupational hardships that many disabled individuals are facing did not commence with the most recent global economic crisis. Rather, the disabled population has always suffered from the fear of liabilities and misconceptions that typically grip employers who are faced with the decisions of hiring the disabled.
It is common knowledge that there are state and federal employment laws in place that are meant to protect individuals from discriminatory hiring practices. While this might be so, it does not mean that those laws typically cover the majority of cases of employment law violations. It is usually extremely difficult to prove discrimination for those who encounter discriminatory hiring practices and discrimination in the work place. As such, many employers violate employment laws without any fear of reprisal from an already underpaid and impoverished applicant or employee. How does one prove that he or she has been the victim of discrimination because of a disability status? It most certainly cannot be done unless a particular employer has a habit of discriminating based on disability, and was party to a private or class action lawsuit for such discrimination.
No employer will blatantly tell a disabled job applicant, or hired employee that his or her disability is the reason for failure to hire, or the reason behind a firing. Employers are extremely smart and most are trained not to use any verbage that would indicate a violation of employment laws when hiring or firing employees. Such training makes it almost impossible for a prospective disabled applicant or employee to prove employment law violation. As such, we will continue to see our work environment free of a good representative sample of disabled individuals.
Disabled applicants and employees fear the stigma of being a burden in the home or at the job. This fear can influence where they choose to look for jobs and how relaxed they are when they are given an opportunity for interview. One issue that all disabled individuals battle with is the decision of revealing disability status to a prospective employer. It is quite understandable why revealing disability status may be a disabled applicant biggest fear. Any revelation or lack thereof of one’s disability status may prevent the disabled applicant from getting the job, or might result in job loss due to the inability of fulfilling job requirements without reasonable accommodations. Such cases are more common than not in the world of disabled employment
Though employment resources such as US Dept. of Labor (DOL), US Dept. of Veterans Affairs (VA), Vietnam Era Veteran’s Readjustment Assistant Act (VEVRAA), State Workforce One Offices, Title I of the Americans with Disabilities Act (ADA), and Equal Employment Opportunity Commission (EEOC) are in place to assist disabled veterans and other disabled applicants who want to enter and, or remain in the job market, many of these agencies have outlived their usefulness. For example, it is well known by many agencies that disabled veterans and other disabled applicants are extremely underrepresented in the job market. Yet, employment laws and vocational services remain obsolete if one should compare the efficacy of those laws and services to the current amount of disabled individuals in the job market. Many agencies fail to address the need for a revamp of their systems to accommodate the increasing population of individuals with disabilities who have been attempting to enter the job market with mere success. Perhaps rewriting the laws to overcome the barriers that disabled applicants encounter when seeking employment, will improve their representation in the current job market.
It has become more common than usual to see disabled individuals attending colleges and universities in order to acquire a college degree for the competitive job market. However, what’s use of acquiring an education if one cannot secure employment due to disabled status? Many of the disabled individuals attending colleges and universities consist of a large disabled veteran population that will continue to grow with the wars in Afghanistan and Iraq. Part of the large disabled veteran population in our colleges and universities are representatives of the many service-members who have become disabled while serving America at home and abroad. This fact makes it even more difficult to see a disabled veteran struggling to become readjusted in a society that does not have adequately equipped agencies to truly prevent employment discrimination based on diability.
It is in the best interest of agencies that are investing in veterans education, employment, readjustment, rehabilitation, and transition, to ascertain that the current employment laws meet the needs of the disabled population that can, and want to work. Otherwise, disabled veterans and other disabled individuals are in fact spending money on education and rehabilitation that will never be used in the market place. As long as any employer use disabled status as a proxy for hiring, and local, state, and federal agencies have weak laws that are easy to manoeuvre, disabled individuals will continue to encounter barriers to employment and re-employment abd be underrepresented in the job market.
References
http://www.dol.gov/compliance/laws/comp-vevraa.htm
Related Posts:
Short URL: http://www.veteranstoday.com/?p=16027
Posted by Debrah McFarlane on Feb 21 2010, With 0 Reads, Filed under Veterans Affairs. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.
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A very good write. Another useless organization that should be included as Obsolete is the Disabled Veterans Affirmative Action Program or DVAAP for short. I am familiar with all of those mentioned and am contemptuous of them all. They are all talk and no help.
I agree with Alton. All of the programs look and sound great! But they don’t work. Even the ones they are rolling out today are just eye wash. Take a look at the VA’s hiring practices. I was told more about how the VA HRO has to follow union rules than anything else, when trying to get a job as a CNA. Not like I was applying for the director position. There is always a rule that off sets hiring a Vet, let alone a Disabled Vet. I have seen percentages of Veterans employed by the VA. I would like to see one breaking it down by GS rating.
From what I have seen of management in South Dakota is; it’s all “good old boys” and they really know how not to say the wrong thing.
Wow…this article is not even a close representation of the truth. I’m a long-time defense contractor (with no veterans preference, disability, and I’ve never served in the military). I have however worked at a military job site for the last fourteen years, with nearly 11 years in senior level security management. Prior to that, I was a sworn law enforcement officer. I recently applied for two Federal Security Specialist (law enforcement) jobs. Ultimately, I received notification that while I was qualified and eligible to be hired, I was not among the list of “most qualified” applicants and OPM did not forward my application or resume to the hiring official.
When I pressed OPM for more details, I was told quote unquote “You are being blocked by disabled veterans”. I was shocked. Not only was this not the reason I was initially given on the notification letter but the hiring official told me that a “historian” and a “chef” made the certification list and had virtually no security experience whatsoever.
I fully understand the concept of 5 and 10 point veterans preference and I’m not anti-veteran by any stretch (I work with many in my current position and I fully recognize their contributions and sacrafices). I do have an immense issue however with being blocked by a “protected class” of individuals and not even being given the chance for an interview or to be compared among the “most qualified candidates”. It’s a case of reverse discrimination if you ask me.
If any individual (as a non-veteran like me) applies for such a position and let’s say 200 people apply….if there is one disabled veteran on that list, non-veteran’s will never ever be forwarded (blocked as they told me) for consideration. It has nothing whatsoever to do with qualifications. Again, disabled veterans are a “protected class” not an added qualification. That’s just wrong.
Incidentally, I have assumed duties as the Security Section Chief (one of the jobs being advertised) and believe that I am the most qualified for the position. One of my entry control guards (who has worked for me for about the last year and a half) is on the certification list for the top job strictly because he has veterans preference.
Now I ask you, with my 11 years of site-specific experience as the Security Manager, does it make sense to have one of my least senior employees running the show over me? Does that represent the best and most qualified candidate? Why even bother to advertise this position to “general public” candidates like myself if we’re never even going to be given a fair shake? I may not have served in the military but as a police officer I fought the war on the streets of our cities (a domestic soldier) AND I have been instrumental in the security and protection of government assets vital to national security in the current job I’m in here at home.
John,
This article does not apply only to federal jobs. It also applies to everyday local and state jobs by government and non-government corporations. There is no way that hypothetically speaking or, on a factual level, a government agency or otherwise would throw out 199 applicants to hire an unqualified disabled veteran, disabled individual, or veteran. I am a disabled veteran and know many disabled veterans that are not able to secure positions regardless of whether they have 5 or 10% preference. Agencies will not hire veterans who do not fulfil their KSAs, education, and other job experience requirements even if they do have preference. It is unfortunate that you feel slighted by a disabled veteran being hired in a position over you. However, keep in mind that if all disabled individuals (veterans and non-veterans) alike, should take an unsuccessful hire as personal as you do, then they would all be fighting among themselves for a post that can only accept one qualified individual. In sum, the main focus of the article is on the obsolete laws and administrative inefficiencies in preventing the barriers that disabled individuals encounter when trying to secure and remain employed.
Humor here, but the truth. When I first got out of the military I applied for a job at Kingsley field AFB, Oregon as a gate guard. I figured “hey, it’s a start”. Well I sent off the paper work and I got it back later saying that I didn’t qualify for the gate guard, but that I also didn’t qualify as a hairdresser either, not that i would have applied for it being like, you know I’m masculine (that means I’m a guy for all you uneducated, but I don’t know anything about hairdressing either). I took it to the Veterans employment guy and asked him about it. Several things came to mind…” Freeze! or I’ll part your hair down the middle” or “I’ve had a bad hair day so don’t give me no lip Sargent”. Hmmm, wonder what their pay is anyway? Nahhh, couldn’t wear those tight fitting pants. Having to put up with all those Women that want to make guys chase them instead, too much hassle. So much for Civil service qualifications and examinations
Hey Alton:
We must live the same lives, I’ve gone through a similar experience. I was a Company Gunnery Sergeant who took care of servicemember families when the troops were away and on deployment. Should be a good qualifications huh!..No frickin way. Only people with a four-year degree qualify in the civilian world.
SO I wrote a letter, they said I was unqualified. Six years, a Company Gunnery Sergeant and I don’t qualify.
You know who gets those positions now…..that’s right…the officers WHO i TRAINED TO DO THEIR JOB AND THEIR WIVES. THANKS MARINE CORPS COMMUNITY SERVICES OR Marine Officers who take care of their own, Enlisted, not included.
Try Navy Federal Credit Union, only people at the top are former CO’s, SgtsMajor, Generals, Majors etc. Any former Sergeants or Corporals, hah. Never, never, never, this sometimes destroys my faith in the American way of life.
Hang in there Brothers and Sisters.
Do not cry John just go serve and get your 10 points be proud serve. You will find that 10 points nothing. Second best get a non government job and check out the benefits.
Let me also add that being a disabled Vet and finding a job is hard
Extremely Outstanding article Debrah;
Everyone knows of the sensibility training and special needs training the state and all employers MUST do according to state and federal requirements.
There should be one added. Everyone, and I mean everyone, should have to serve a week in a wheel chair with a disability to include speech impairment. Go about their daily business and have to ask for help to go to the bathroom, get dressed, reach for an article on a store shelf, ask for help to get gasoline, go to a store and stand in line with an electric wheel chair, get the point. IF EVERYONE, I MEAN THE PRESIDENT INCLUDED AND THE VA HEADS WERE TO DO THIS, THEY WOULD SEE HOW FRICKIN DIFFICULT IT IS TO FUNCTION.
I am not permanently in a wheelchair, but I’ve been there. People are so frickin rude and look at you like a poor, pathetic freak. I wish it were a FEDERAL REQUIREMENT for everyone, go through a week with a disabling disability and then say, the disabled are well taken care of.
You never know until you try it. Then tell me about how many jobs are available out there.
Sorry for the SOAP Box presentation, but it must be said.
Semper Fi
Gy Berg
Thank you Gy. If it is difficult getting a job as an individual with physical and mental disorders, imagine the difficulties in being physically and mentally disabled in a wheelchair. Totally comprehend your perspective and appreciate your response. Thanks again.
Here, here! Encore! In addition to a broke back, I also have one knee operated and the other one that needs it. I’m trying to put it off as long as I can for two reasons: 1.) Just suppose the Medial Menisectomy operation did not work like my last Spinal operation? If I am lucky I might be able to still walk, but the spinal operation cost me my job (no work, no accommodation, no transfer, nothing but disability retirement. What could that failed operation do? 2. Like you, In the past I was in a wheel chair and it ain’t pretty, so I’m enjoying what’s left of my bi-pedal motivation I have left, guess I made my doctor mad at me somehow though. And I’m still trying to balance the facts that NO way would they find me a job or transfer that I could still do as a WG-11, but three years after I was forced to take a disability retirement, they can get me a job as a GS-14 like right now. But if I took it I would be losing my VA disability, my civil service disability retirement in addition to having to ‘watch my back’ at work again. Who are they to say I’m not Crazy? My wife had to talk me out of it, “Honey, are you nuts?”.
Debra,
First let me say thank you for the thought provoking dialogue and for your service to country as a disabled veteran. In addition, I appreciate your journalistic efforts with the article, your blog, and the opportunity for me to provide perspective from the other end of the spectrum as a non-veteran. You made some very valid points in your reply.
Respectfully, I have to tell you though that I absoutely do believe that OPM “would throw out 199 applicants to hire an unqualified disabled veteran, disabled individual, or veteran” because it’s in fact happening right now. The fact that a chef and historian (people without KSA’s as you put it) made the list for a Supervisory Security Specialist (GS 11/GS 12) prove that. Bottom line is they had veterans preference and most likely not even “disabled” status and that’s what got them on the list. It certainly was not based upon their qualifications.
I want to clarify that they have yet to hire or make final determinations /selections for these positions. The hiring official is now in the process of vetting, reviewing resumes, and preparing to set up interviews – though all of the final “certification lists” have been cut by OPM. I would not feel slighted if they hired a Disabled Vet or even someone with strict veteran’s preference provided that had equal or greater KSA’s than me. My issue lies with the fact that I can’t even get my resume forwarded to (or looked at by) the site hiring official at this point because I’ve been told “Disabled Veteran’s are blocking me”. This is occurring at the present time. I’m not taking it personally, I just want equal opportunity in the process and it’s not happening.
I was not the only applicant to be blocked. Two other men that work for me (neither of which served in the military) got the same notification letter that I did. One is a 14 year veteran of the NH State Police with good supporting education and the other is a 23 year law enforcement retiree with a Masters Degree. Each man (like me) has site specific security experience at the location that the positions are being advertised for. I think OPM is being inconsistent at best when they send me a notification letter stating I was not among the “most qualified” candidates and then an e-mail stating no, “you’re being blocked by disabled veterans”. Which is it?
Contrary to your claims that obsolete laws are contributing to the continued discrimination of disabled veterans (and partinsanship aside), President Obama most recently mandated and signed the Employment of Veterans in the Federal Government Executive Order on November 9th 2009 – making hiring Veterans a top priority in all federal agencies. The full Text of the Executive Order can be read at:
http://www.dodvets.com/veteransemployment.asp
As much as I dislike this method because it does not show what’s ‘real’, read the application process, find all the ‘magic words’ and insert these into your resume, Then when you have to apply for another job, insert new ‘magic words’. But then in the words of the Texas state Veterans counselor, “they will hire whoever they want”. Had a Boss one time that hired his friends if they knew something about horses. So I twisted and turned mine, then put that “My sister in law owned a horse ranch in California”. Wouldn’t ya know….I almost got it, the job I mean.
John,
I appreciate your input and definitely understand where you are coming from with your perspective. It is definitely not right to throw out any qualified individual out of a qualified applicant pool, unless they fail their final face-to-face interview. It is also not right to inform a job applicant that they are not getting a position because of being blocked by a “disabled veteran”. Any hiring manager making such a statement gives the impression that disabled veterans, veterans, and other disabled individuals are actually getting jobs that they are unqualified for, simply because they are disabled, and or a veteran. Telling an applicant this is a disservice to disabled individuals who already have a hard enough time getting jobs. I have applied for many federal and state jobs that I was more than qualified for according to the listed qualification requirements. However, I was always informed that even though I am 90% service-connected with veteran’s preference, education and experience to match, I did not qualify at some GS or KSA level. I am usually encouraged to reapply, which I have continue to do with any position I think I might qualify for, not considering veteran’s preference. I have even made applications to places like McDonald’s, Burger King, Community and Mental Health Facilities, and entry level administrative jobs and have been told that I do not qualify. I still have not been hired by a federal or state authority, and I have been out of the military and doing various jobs for over 12 years. Even with one year of law school, three honors degree, and six courses away from completing a PhD, I still have to work in retail stores, gas station, and anywhere to help pay the bills. Sometimes it seems unfair, but I know that opportunities are not always there for the qualified and the disabled. I also know that opportunities are limited for many other protected classes. So, I deal with it by focusing on where the blame needs to be–with the many agencies that continue to accept government funds with the promise that they can create and protect those opportunities, but have continued to fail to do so. In the end, I believe that once an individual is qualified, race, age, sex, and disability status should not prevent employment. It is because of past issues with employers not having adequate representations of the disabled in the workplace why disabled individuals have become a protected class. This situation of protection is similar to that given to females who typically encounter barriers to upper management positions in many companies. Being a protected class still does not guarantee much assistance with job placement as many disabled individuals and veterans will tell you. The fact that an Executive Order has been signed into law does not guarantee compliance with that order. History has shown us that the law is not usually upheld by all even in cases where there are punitive and other civil and or criminal punishments. One case in point is Abercrombie & Fitch hiring practices and discrimination against minorities. Even after this company was fined about $40 million, there was only theoretical changes made in their system. Application of those changes continue to be an issue. Many companies behave in similar manner, even agencies that are there to protect us. We are in a world that believes that if policy is written on paper, then it is being followed. Not so brother, not so.
Yeah, think it might be a good idea that before any manager becomes one, he spends a week in a wheelchair. They might not change their ways but we will feel better. Hmmm. would Albert Eienstien have been considered you know?
Ms. McFarlane,
An extremely excellent and forthright article you have here. I would like to address John on his beliefs. I am US Ammy veteran who has been out the service since 1987. I recently was awarded 30% disability, although residual effects of the injury has caused much greater economic damage than any of the previous ratings address.
I currently have a Master’s degree and have had it since 2006 in Finance, 3.5 GPA. I have had a Bachelors degree since 1995. I live near a military base. I have been seeking federal employment since 1987 and have had roughly six to eight interviews over that period, with more than 500 jobs applied. They have ranged from GS-5, with and without a degree, to GS-13 with a Master’s. I have roughly seven years of experience in my primary field of training in the private sector. Due to several spans of underemployment and unemployment, I have not yet been able to have a family or establish a permanent home. I am currently working under a Vocational Rehab program in a GS-6 slot that is not in my field of training.
In my opinion, the entire government system on hiring veterans is antiquated becuase it was never really designed to handle the volume of qualified disabled applicants that it now has. And I have seen qualified civilians who would like to work for the federal government and have been blocked because the hiring preference rules for veterans set them at the bottom of the deck. So the problems for vets and non-vets is deeply systemic on how the rules are applied and the volume of qualified applicants that are applying. At age 47, I am pesonally tired of the political rules that economically disadvantage me when I can certainly work with the best of people. And then I have to face more seasoned and financially capable in the public sector for employment who do not have s service connected disability and are more mobile and flexible in manuevering for potential opportunities. The veteran is being lost in the shuffle and made less of a US citizen by not adapting more favorable veteran hiring policies in the private and government sector. The number of federal jobs I have applied for do not include the state and local municipality opportunities I have applied for.
I have had temporary emploment with both the USDA and US Census departments, but none of those opportunities directly led to a potentially full time opportunity. Debra is correct about her assessment of antiquated laws. It is the volume of qualified applicants and few slots that has made this messy affair. Yes, President Obama has signed an order to put preference on hiring veterans. But today, with a Master’s degree, several years of work experience in my field, I am still uenmeployed. Laws are useless and meaningless if they don’t work effectively.
Respectfully,
Darryl Crouch
Darryl,
I really appreciate your input. It is important that we get the message out there so that our “leaders” can start creating opportunities for other than themselves. Writing laws are extremely useless if they are in no way helpful to those they are being written to protect.
Well, I see it isn’t just me that has a gripe for the way the Government hires. Don’t know what to do about it cause if U. S. does it one way, people will say “then why do we change?” and people like US will say, “It’s about time!”
Me I was in that ‘hamster wheel’ for a couple of years, saw, felt and heard about everything mentioned and when I saw the termination coming, I applied for IU with the VA (since I used to be a VSO it wasn’t hard) and I filed for disability retirement too. Yes, I would like to still work (though not for the Army anymore, I can’t forgive them yet) but if i do I’d be taking money from myself, for what? My advice? Veterans better get to know their compensation benefits a lot better. Yes, it’s a long a drawn out process but at least it’s something. On the other hand if you have applied for like 500 jobs, mucho interviews and wore out your E-mail applications then maybe it’s time to explore some other way. Maybe chap.31 is out there.
I have 19 years service time,two branches army and marine. I worked at a state correctional department for 12 years. Sounds good so far huh,I come back from deployment and now find out that I have PTSD, gets worse. Get labled by my unit,my peers at my state job harrass me and have me transfered ,and a paper war goes on with what I thought was laws to protect the disabled,me. Hippa, american disabilities act, userra, rehababilitation act, all these have loop holes in them and state administrations offices have lawyers to aid them. litle things like you filed to late after the event, no such thing as discrimination for ptsd in civil rights. My bigest complaint is the soldgier/sailer act for youre morgage. Did you know if you were ever late in a payment- not house payment- they can raise even a fixed government loan on youre house when you come home. Now i have ben to many state reps, who only could stall the forecloser untill the house sold or file bankruptcy. Well I,m out of the military, state job released me even with a grievance at step 3 unresolved, Barrak obbama would not like what i would say as to how vets are being treated by americans who say they sapport the troops.
Folks,
Some updates and movement since I first posted my initial reply: Straight from an OPM representative via e-mail on 02/19. She writes (and this is verbatim):
Mr Britton,
The reason you were not referred is because there are Disabled Veteran’s blocking you. Since you don’t have any veteran’s preference we can not refer you. This is a law set by Congress for Delegated Examining Unit positions (Open to US Citizens).
Thank You
XXXXXXXXX XXXXXX
Human Resource Consultant
Office of Personnel Management
San Antonio Services Branch
Office: (210-XXX-XXXX)
Fax: (210-XXX-XXXX)
e-mail ommitted
So, there you have it.
I want you all to know (particularly the disabled vets in the crowd here) that each night I sit in front of the Nightly News and see stories of veterans coming back from either Iraq or Afghanistan with severe and debilitating injuries, it truly pains me. I get it. I’m well aware of the sacrifice being made there and I am also aware that to an extent, this is also a large part of the group that is blocking my employment opportunity as well. I’m at the point where even if I were to get my resume seen and be offered the job, I know that a similar case of discrimination would be made by a disabled veteran and the prospects of even starting the job would be over before they begin.
It’s more about principle at this point and equal aopportunity for everyone across the board (vet and non-vet alike). Hopefully the diabled vets who have heard my story will feel better about the fact that a faction of the government (OPM in this case) is well aware of their obligation to give veterans the preference they deserve and it’s happening in this case. This may be little consolation for your struggles, but nontheless proof that veteran’s rights are in fact being preserved with regards to this particular federal employment opportunity. Ultimately it should boil down to who is the best and most qualified candidate (vet and non vet alike).
I’m officially on the job market (private sector) unfortunately in a sluggish economy. Sadly, I’m likely to encounter the same “blockage” as it’s more than likely there will be other disabled veterans and people with preference in any other federal job opportunity. It’s hard to feel as though my fate has not been sealed.
Public Sector Contracts…
So nice so read a well written article…