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Subject: VVA: Veterans Day 08
US CENSUS BUREAU NEWS
FACTS for Features
CB08-FF.19 Oct. 16, 2008
Veterans Day 2008: Nov. 11
Veterans Day originated as “Armistice Day” on Nov. 11, 1919, the
first anniversary of the end of World War I. Congress passed a resolution in 1926 for an annual observance, and Nov. 11 became
a national holiday beginning in 1938. President Dwight D. Eisenhower signed legislation in 1954 to change the name to Veterans
Day as a way to honor those who served in all American wars. The day has evolved into also honoring living military veterans
with parades and speeches across the nation. A national ceremony takes place at the Tomb of the Unknowns at Arlington National
Cemetery in Virginia.
23.6 million
The number of military veterans in the United States in 2007. Source: Table 502,
Statistical Abstract of the United States: 2009
Female Veterans
1.8 million
The number of female veterans in 2007.
Source: Table 502, Statistical Abstract of the United States: 2009
16%
Percentage of Gulf War veterans in 2007 who were
women. Source: Table 503, Statistical Abstract of the United States: 2009
Race and Hispanic Origin
2.4 million
The
number of black veterans in 2007. Additionally, 1.1 million veterans were Hispanic; 278,000 were Asian; 165,000 were American
Indian or Alaska Native; 27,000 were Native Hawaiian or Other Pacific Islander; and 18.7 million were non-Hispanic white.
(The numbers for blacks, Asians, American Indians and Alaska Natives, Native Hawaiians and Other Pacific Islanders, and non-Hispanic
whites cover only those reporting a single race.) Source: 2007 American Community Survey -2-
When They Served
9.3 million
The
number of veterans 65 and older in 2007. At the other end of the age spectrum, 1.9 million were younger than 35. Source: Table
503, Statistical Abstract of the United States: 2009
7.9 million
Number of Vietnam-era veterans in 2007. Thirty-three
percent of all living veterans served during this time (1964-1975). In addition, 5 million served during the Gulf War (representing
service from Aug. 2, 1990, to present); 2.9 million in World War II (1941-1945); 3 million in the Korean War (1950-1953);
and 6.1 million in peacetime. Source: Table 503, Statistical Abstract of the United States: 2009
358,000
In 2007, number
of living veterans who served during both the Vietnam and Gulf War eras.
Other living veterans in 2007 who served during
two or more wars:
* 315,000 served during both the Korean and Vietnam wars.
*
69,000 served during three periods: World War II, the Korean War and the Vietnam War.
● 263,000 served during World War II and the Korean War. Source: 2007 American
Community Survey
Where They Live 5
Number of states with 1 million or more veterans in 2007. These states are California
(2.1
million), Florida (1.7 million), Texas (1.7 million), New York (1.1 million) and Pennsylvania (1.1 million). Source: Table
502, Statistical Abstract of the United States: 2009
Education 25%
Percent of veterans 25 and older with at least a
bachelor’s degree in 2007. Source: 2007 American Community Survey
90%
Percent of veterans 25 and older with a
high school diploma or higher in 2007. Source: 2007 American Community Survey -3-
Income and Poverty
$36,053
Annual
median income of veterans, in 2007 inflation-adjusted dollars. Source: 2007 American Community Survey
5.7%
Percentage
of veterans living in poverty, as of 2007. The corresponding rate for nonveterans was 12 percent. Source: 2007 American Community
Survey
On the Job
10.7 million
Number of veterans 18 to 64 in the labor force in 2007. Source: 2007 American Community
Survey
$32,217
Earnings for women veterans, higher than the $27,272 for women civilians with no military experience.
Source: Exploring the Veteran-Nonveteran Earning Differential in the 2005 American Community Survey <http://www.census.gov/PressRelease/www/releases/archives/women/012062.html>
$42,128
Earnings for male veterans, higher than the $39,880 for nonveterans. Source:
Exploring the Veteran-Nonveteran Earning Differential in the 2005 American Community Survey <http://www.census.gov/PressRelease/www/releases/archives/women/012062.html>
Women veterans were more likely to work 35 or more hours per week (84.3 percent vs.
77.6
percent), to work at least 50 weeks per year (73.1 percent vs. 71.6 percent) and to work in public administration (16 percent
vs. 4.8 percent) than nonveterans. Source: Exploring the Veteran-Nonveteran Earning Differential in the 2005 American Community
Survey
<http://www.census.gov/PressRelease/www/releases/archives/women/012062.html> -4-
Disabilities
6 million
Number of veterans with a disability.
Source: 2007
American Community Survey
Voting
17.4 million
Number of veterans who voted in the 2004 presidential election. Seventy-four
percent of veterans cast a ballot, compared with 63 percent of nonveterans. Source: Voting and Registration in the Election
of November 2004 <http://www.census.gov/Press-Release/www/releases/archives/voting/006562.html>
14 million
Number of veterans who voted in the 2006 congressional election. Sixty-one
percent of veterans cast a ballot, compared with 46 percent of nonveterans. Source: Voting and Registration in the Election
of November 2006 <http://www.census.gov/Press-Release/www/releases/archives/voting/012234.html>
Business Owners 14.5%
Percentage of owners of firms responding to the 2002 Survey of
Business Owners who were veterans. Veteran business owners comprised an estimated 3 million of the 20.5 million owners represented
by survey respondents. Source: Characteristics of Veteran-Owned Businesses: 2002
<http://www.census.gov/PressRelease/www/releases/archives/business_ownership/010337.html>
68%
Percentage of veteran owners of respondent firms who were 55 and older. This compares
with 31 percent of all owners of respondent firms. Similarly, in 2002, 55 percent of veteran-owned respondent firms with employees
reported that their businesses were originally established, purchased or acquired before 1990, compared with 36 percent of
all employer respondent firms. Source: Characteristics Veteran-Owned Businesses: 2002 and Characteristics of Veteran Business
Owners: 2002 <http://www.census.gov/PressRelease/www/releases/archives/business_ownership/010337.html> -5-
7%
Percentage of veteran business owners of respondent firms who were disabled as
the result of injury incurred or aggravated during active military service. Source: Characteristics of Veteran-Owned Businesses:
2002 and Characteristics of Veteran Business Owners: 2002
<http://www.census.gov/PressRelease/www/releases/archives/business_ownership/010337.html>
Benefits
2.7 million
Number of veterans who received compensation for service-connected
disabilities as of 2006. Their compensation totaled $28.2 billion. Source: Tables 505 and 506, Statistical Abstract of the
United States: 2009
$72.8 billion
Total amount of federal government spending for veterans benefits programs in fiscal
year 2006. Of this total, $34.6 billion went to compensation and pensions, $33.7 billion for medical programs and the remainder
to other programs, such as vocational rehabilitation and education. Source: Table 505, Statistical Abstract of the United
States: 2009
Following is a list of observances typically covered by the Census Bureau’s Facts for Features series:
African-American
History Month (February) Labor Day Super Bowl Grandparents Day Valentine’s Day (Feb. 14) Hispanic Heritage Month (Sept.
15 - Oct. 15) Women’s History Month (March) Unmarried and Single Americans Week Irish-American Heritage Month (March)/
Halloween (Oct. 31) St. Patrick’s Day (March 17) American Indian/Alaska Native Heritage Month Asian/Pacific American
Heritage Month (May) (November) Older Americans Month (May) Veterans Day (Nov. 11) Cinco de Mayo (May 5) Thanksgiving Day
Mother’s Day The Holiday Season (December) Hurricane Season Begins (June 1) Father’s Day The Fourth of July (July
4) Anniversary of Americans with Disabilities Act (July 26) Back to School (August)
Editor’s note: The preceding data were collected from a variety of sources
and may be subject to sampling variability and other sources of error. Facts for Features are customarily released about two
months before an observance in order to accommodate magazine production timelines. Questions or comments should be directed
to the Census Bureau’s Public Information Office: telephone: 301-763-3030; fax: 301-763-3762; or e-mail: <pio@census.gov>.
Suspected Vet Benefits, Stolen Valor or Other Fraud in VA
To report suspected fraud involving
veterans benefits, other crimes such as Stolen Valor, fraud, waste or mismanagement in the VA, contact the Office of Inspector
General Hotline at (800) 488-8244 or email at vaoig.hotline@forum.va.gov or write to VA OIG HOTLINE, PO Box 50410, Washington, DC 20091-0410.
VETERANS NEWS
DFAS Reports End in Site for Back Pay
The Defense Finance and
Accounting Service has reported that by May 31, it will complete its review of 133,000 files of disabled retirees who possibly
were due back payments under two "concurrent receipt" programs which Congress approved in 2003 and 2004.
So far,
DFAS and the Department of Veterans Affairs have paid a combined $308 million in back payments to disabled military retirees.
The VA Retro Pay program was set up two years ago to calculate amounts mistakenly withheld from retirees as they began receiving
either Combat-Related Special Compensation or Concurrent Retirement and Disability Pay.
DFAS says that 22,500 cases remain
to be completed and retro payments calculated and paid. They also report the number of contractors hired and trained
to work the files has climbed to 233 from 51 since December.
VA to Contact All Recent Combat Veterans
On Thursday
the VA announced that starting May 1, it will begin calling 570,000 recent combat veterans to ensure they know what services
are available to them.
The first calls will go to about 17,000 veterans who were sick or injured while serving
in the wars. If they don't have a care manager, the VA says they will be given one.
The next round of calls
will target 555,000 veterans from the wars who have been discharged from active duty, but have not reached out to the VA for
services. For five years after their discharge from the military, Iraq and Afghanistan veterans have access to health care
at the VA.
VA Website Changes
You may notice that VA's Internet pages (www.va.gov) look a little different. The most obvious changes are a smaller banner at the top of every page and an
improved search feature, including the option to search the entire VA Web site or just the section you are visiting.
Other changes, such as fewer navigation buttons on the left side of many pages, will be noticeable in the weeks ahead as webmasters
adapt new design options. The changes are based on suggestions made in many of the more than 116,000 visitor satisfaction
surveys VA received over the past year and a half.
Recent VA News Releases
VA Launches Expansion in Veterans Health Facilities Peake: 44 New Clinics Bring Care Closer to Home
WASHINGTON (June 26, 2008) - Secretary of Veterans Affairs Dr. James B. Peake today announced plans to create 44
new community-based outpatient clinics to bring the world-class health care of the Department of Veterans Affairs (VA) closer
to home for veterans in 21 states.
"VA continues to make access to care easier through an expanding outpatient system focused not only on primary
treatment but also prevention of disease, early detection, and health promotion," Peake said.
The new clinics, scheduled to be activated over the next 15 months, will increase VA's network of independent and
community-based clinics to 782, an increase of more than 100 in five years.
This growth in community clinics has helped VA meet veterans' expectations for prompt, quality service, with 98
percent of veterans seen within 30 days in all types of VA primary care facilities throughout the country.
In addition to on-site primary care staff, today's modern outpatient clinics frequently feature state-of-the-art
telehealth systems permitting veterans to maintain regular contact with doctors in specialties from cardiac care to mental
health at regional VA hospitals linked for video consultations, coupled with telemetry of health data or images.
A highly acclaimed national health records system allows practitioners
at even remote clinics to review patient records stored at VA facilities anywhere in the country.
VA's 21 regional networks develop applications for new clinics in consideration of reducing the distance veterans
travel to their nearest VA hospital or clinic, as well as local demand, existing hospital, clinic workload and other factors.
A listing of the newly approved clinics is attached.
VA's Planned Sites for New Outpatient Clinics
Alabama (2) -- Marshall County, Wiregrass
Alaska -- Matanuska-Susitna Borough area
Arkansas (2) -- Ozark, White County
California -- East Bay-Alameda County area
Florida -- Summerfield
Georgia (4) -- Baldwin County, Coweta County, Glynn County, Liberty County
Indiana (2) -- Miami County, Morgan County
Iowa -- Wapello County
Louisiana (5) -- Lake Charles, Leesville, Natchitoches, St. Mary Parish, Washington Parish
Maine -- Lewiston-Auburn area
Minnesota (2) -- Douglas County, Northwest Metro
Missouri -- Franklin County
New Mexico -- Rio Rancho
North Carolina (2) -- Robeson County, Rutherford County
North Dakota -- Grand Forks County
Ohio -- Gallia County
Oklahoma (4) -- Altus, Craig County, Enid, Jay
Tennessee (3) -- Giles County, Maury County, McMinn County
Texas (5) -- Katy, Lake Jackson, Richmond, Tomball, El Paso County
Virginia (3) -- Augusta County, Emporia, Wytheville
West Virginia -- Greenbrier County
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VA to Call Combat Veterans With Info on Care, Benefits
American Forces Press Service
WASHINGTON, April 25, 2008 - The Department of Veterans Affairs will
begin contacting nearly
570,000 recent combat veterans May 1 to ensure
they know about VA's medical services and other benefits. "We will reach
out
and touch every veteran of Operation Enduring Freedom and Operation
Iraqi Freedom to let them know we are here for them,"
said Veterans
Affairs Secretary Dr. James B. Peake, a retired lieutenant general who
served as Army surgeon general.
"VA is committed to getting these
veterans the help they need and deserve."
A contractor-operated "Combat Veteran Call Center" will telephone two
distinct populations
of veterans from Iraq and Afghanistan, officials
said. In the first phase, calls will go to an estimated 17,000 veterans
who
were sick or injured while serving in Iraq or Afghanistan. VA will
offer to appoint a care manager to work with them if
they don't have one
already. Care managers ensure veterans receive appropriate care and know
about their VA benefits.
For five years after their discharge from the military, these combat
veterans have special
access to VA health care. The department screens
combat veterans for signs of post-traumatic stress disorder and
traumatic
brain injury. VA personnel have been deployed to the
military's major medical centers to assist wounded service members
and
their families during the transition to civilian lives.
The new call center's second phase will target 550,000 Afghanistan and
Iraq veterans who
have been discharged from active duty but have not
contacted VA for services. Once contacted, veterans will be informed
about
VA's benefits and services. The initial calls will be made by a
private contractor, EDS, which specializes in technology
services to
improve business. If needed, VA employees will make follow-up calls,
officials said.
"We will leave no stone unturned to reach these veterans," said Dr.
Edward Huycke, chief
of the Veterans Affairs - Defense Department
coordination office.
(From a Department of Veterans Affairs news release.)
http://www.cafepress.com/buy/veterans
Saturday 8 March 2008 0900 hours (9:00am) Eastern
Nature's fury...a meat grinder battle...a man cries out
Battlefield Promises
Two men, in different wars, facing different enemies, ask of God: "Get
me through this and I will serve you the rest
of my life."
Join host Gary Lillie and guests the Reverend Murl Eastman, a World War
II Navy veteran and the Reverend John Steer,
a Vietnam War 173rd
Airborne veteran. What terror did they live through that caused them to
call out to God and make
their battlefield promise?
Tune in Saturday morning on WMAX (1440-AM, Saginaw), WDEO (990-AM, Ann
Arbor/Detroit), WDEO-FM (99.5 FM, Naples, FL)
or on the Internet at:
Veterans Radio is dedicated to all the men and women who have served, or
are currently serving in the armed forces
of the United States of
America. Our mission is to provide all veterans with a voice, to give
them a forum where they
are able to discuss their issues...and tell
their stories.
Dale Throneberry Executive Producer Veterans Radio P.O. Box 3085 Ann Arbor, MI 48106 734-646-8673 www.veteransradio.net
Anniston Chemical Activity: Information and Much More from Answers.com
PA Region 6 Assistant Ride Captain
----- Forwarded Message ---- From: Charlie and Karen Fredrickson < gbpxxx1kcsb@centurytel.net> Sent: Thursday, May 22, 2008 9:01:14 PM Subject: 2 offers -- date sensitive Lowe's, Home Depot offering discounts
By Karen Jowers - Staff writer
Posted : Thursday May 22, 2008
18:20:39 EDT
Two national home-improvement retail chains are again offering a 10
percent in-store Memorial Day discount
to active-duty personnel,
reservists, retirees, and honorably discharged veterans and their
immediate family members.
The retailers are offering the discount through Monday, May 26.
* Lowe's will offer the discount on in-stock purchases of up to $5,000,
for a total savings of up to
$500. To qualify, individuals must present
a valid military ID or other proof of service, such as a membership card
from
the VFW or other veteran's organization, or discharge papers.
Excluded from the discount are online sales, previous sales, special
order items, installation and delivery
fees, extended protection plans,
gift cards, certain Fisher & Paykel appliances, all Electrolux major
kitchen appliances,
and John Deere products.
* Home Depot stores are offering the 10 percent discount on purchases up
to $2,000, for a total savings
of up to $200, with valid military ID.
************************************************************************
************
Colonial Williamsburg giving holiday passes
The Associated Press
Posted : Thursday May 22, 2008 16:06:49
EDT
WILLIAMSBURG, Va. - Colonial Williamsburg is saluting military members,
veterans and their families with
free weekend passes for Memorial Day.
The passes provide free admission Friday through Monday to Colonial
Williamsburg's historic area and
include a walking tour, bus shuttle
service from the visitors center and parking.
The passes are for active-duty military, reservists, retirees, veterans
and their families. The service
member does not need to be present for
family members of deployed troops.
Military members also can get special rates at Colonial Williamsburg
hotels, museums, restaurants and
shops.
On Monday, Colonial Williamsburg will honor the holiday with a service
that includes wreath laying, prayer
and musket salutes.
VA distorts record on wait times By HOPE YEN Associated Press Writer WASHINGTON (AP) -- The Department of
Veterans Affairs repeatedly understated wait times for injured veterans seeking medical care and in many serious cases forced
them to wait more than 30 days, counter to department policy, an internal investigation shows. The review by the VA
inspector general's office, released Monday, examined 700 outpatient appointments for primary and specialty care scheduled
in October 2006 at 10 VA medical centers. It found that the Veterans Health Administration in recent months falsely
reported to Congress that nearly all of its appointments - about 95 percent - were scheduled within 30 days of a patient's
requested date. In fact, only three in four veterans - 75 percent - received such timely appointments. Of the veterans
kept waiting more than 30 days, 27 percent of them had more serious service-connected disabilities, such as amputees and those
with chronic problems including frequent panic attacks. Under VHA policy, such veterans must be scheduled for care within
30 days of their desired appointment date. In addition, despite warnings by the IG in 2005 to more accurately report
wait times, department officials last year also may have understated the number of veterans on their electronic waiting lists
by more than 53,000. "While waiting time inaccuracies and omissions from electronic waiting lists can be caused by
a lack of training and data entry errors, we also found that schedulers at some facilities were interpreting the guidance
from their managers to reduce waiting times as instruction to never put patients on the electronic waiting list," VA investigators
wrote. "This seems to have resulted in some 'gaming' of the scheduling process," the 34-page report said. Responding,
VA undersecretary for health Michael Kussman partly agreed that the agency should take additional steps to improve scheduling
with better training, procedures and better accounting of records. But he insisted the VA in most cases was doing the best
it can and challenged the IG report's methodology, citing patient satisfaction surveys showing roughly 85 percent of veterans
getting appointments when they needed them. In April, Kussman testified to Congress that 95 percent of veterans were
receiving the timely appointments. The VA's 2006 annual report, issued last November, makes similar claims. "To obtain
a more objective, professional analysis of all components of VHA's scheduling process, including electronic wait lists and
waiting times reporting, I plan to obtain the services of a contractor who will thoroughly assess the factors," Kussman wrote
in Monday's IG report. The report comes amid intense political and public scrutiny of the VA and Pentagon following
reports of shoddy outpatient care of injured troops and veterans at Walter Reed Army Medical Center and elsewhere. In
recent weeks, injured Iraq war veterans have filed a lawsuit against the VA alleging undue delays in health care. The department
also is struggling to reduce a severe backlog of disability payments, with delays of up to 177 days to process an initial
claim, and it awaits a new leader to make changes once outgoing VA secretary Jim Nicholson steps down Oct. 1. "This
is simply not acceptable," said Sen. Daniel Akaka, D-Hawaii, who chairs the Senate Veterans Affairs Committee. He said the
report showed the VA was "skewing" its performance on veterans' health care and that the VA was not taking responsibility. "It
is disturbing that VA is refusing to concur with all of the findings and recommendations," he said. The VA medical
facilities reviewed in the IG report were for both primary and specialty care in the following cities: Birmingham, Ala.; Atlanta;
Columbia, S.C.; San Antonio, Temple and Dallas in Texas; Cincinnati; Detroit; Indianapolis; Chillicothe, Ohio. Other
findings: -The VA facilities with the worst record of scheduling appointments within 30 days were Columbia (64 percent),
Chillicothe (64 percent) and San Antonio (67 percent). The best performance was seen in Detroit (84 percent), Temple (83 percent),
Birmingham and Cincinnati (both 80 percent). -VA monitoring of scheduling procedures was spotty and incomplete. In
one case, a veteran with eye problems visited a VA clinic in December 2005 and was told by his doctor to return in six weeks.
However, it wasn't until many months later, in September 2006, that the VA scheduler set an appointment - for October of that
year. The scheduler then reported the veteran had requested an October date, when in fact he had waited 259 days from
the six-week target date appointment in January, the report said. "We saw no documentation to explain the delay and
medical facility personnel said it 'fell through the cracks,'" investigators said. http://hosted.ap.org/dynamic/stories/V/VETERANS_CARE_DELAYS?SITE=MSJAD&S
ECTION=HOME&TEMPLATE=DEFAULT
EEOC Offers Guides for Disabled Vets on Employment
Thanks to Tom Harris and Carrie Aubertine who work for Veterans in NY who sent this information on EEOC & ADA facts
about employment for Disabled Veterans.
Alan Gibson, Chair
Employment, Training and Business Opportunity (ETaBO) Committee
=====================================================================================================
Disabilities
EEOC Offers Guides for Disabled Vets, Employers
In a pair of question-and-answer guides, the Equal Employment Opportunity
Commission Feb. 29 posted new information on its Web site for employers and military veterans on workplace issues surrounding
veterans with service-connected disabilities.
The guide for employers describes how protections for disabled veterans differ under the employment title of the Americans
with Disabilities Act, enforced by EEOC, and the Uniformed Services Employment and Reemployment Rights Act (USERRA), which
is enforced by the Labor Department with respect to private sector employment. The guide also outlines how the ADA applies
to recruiting, hiring, and accommodating veterans with disabilities.
The other new publication answers questions disabled veterans might have about their legal protections when they seek
to return to their former jobs or enter the civilian workforce for the first time. This guide also explains the changes or
adjustments disabled veterans may need, because of their injuries, to apply for or perform a job.
Each guide includes a list of resources on where to find: more information about the ADA and USERRA; public and private
organizations that can assist employers who want to recruit or hire veterans or assist veterans seeking employment; and organizations
and agencies that can help identify reasonable accommodations for veterans with disabilities. The guides may be accessed at
EEOC's Web site at http://www.eeoc.gov < http://www.eeoc.gov/> . ==========================================================================================================
The
U.S. Equal Employment Opportunity Commission ________________________________
VETERANS WITH SERVICE-CONNECTED DISABILITIES IN THE WORKPLACE AND THE AMERICANS WITH DISABILITIES ACT (ADA)
Introduction
According to government statistics, between October 2001 and February, 2008, more than 30,000 veterans serving in Iraq,
Afghanistan, and surrounding duty stations have been wounded in action. 1 < http://www.eeoc.gov/facts/veterans-disabilities.html#fn1> Many of them have lost a hand or limb or been severely burned or blinded. Others have been diagnosed with hearing
loss, post traumatic stress disorder (PTSD), traumatic brain injuries (TBIs), and other service-connected disabilities. 2
< http://www.eeoc.gov/facts/veterans-disabilities.html#fn2> Despite their injuries, many veterans who leave active duty are able to work. This guide answers questions that veterans with service-connected disabilities may have about the protections they are
entitled to when they seek to return to their former jobs or look to find their first, or new, civilian jobs. It also explains
changes or adjustments that veterans may need, because of their injuries, to apply for, or perform, a job, or to enjoy equal
access to the workplace. Finally, this guide includes resources on where veterans can find more information about the employment
rights of individuals with disabilities.
1. Are there any laws that protect veterans with service-connected disabilities?
Yes. At least two federal laws provide important protections for veterans with disabilities. The Uniformed Services Employment
and Reemployment Rights Act (USERRA) has requirements for reemploying veterans with and without service-connected disabilities.
The U.S. Department of Labor (DOL) enforces USERRA. In addition, Title I of the Americans with Disabilities Act (ADA) prohibits
private and state and local government employers with 15 or more employees from discriminating against individuals on the
basis of disability. Title I of the ADA also generally requires covered employers to make reasonable accommodations - changes
in the workplace or in the way things are usually done that provide individuals with disabilities equal employment opportunities.
The U.S. Equal Employment Opportunity Commission (EEOC) enforces Title I of the ADA. Finally, Section 501 of the Rehabilitation
Act applies the same standards of non-discrimination and reasonable accommodation as the ADA to Federal Executive Branch agencies
and the United States Postal Service.
2. How does USERRA differ from the ADA?
USERRA prohibits employers from discriminating against employees or applicants for employment on the basis of their military
status or military obligations. It also protects the reemployment rights of those who leave their civilian jobs (whether voluntarily
or involuntarily) to serve in the uniformed services, including the U.S. Reserve forces and state, District of Columbia, and
territory (e.g., Guam) National Guards.
Both USERRA and the ADA include reasonable accommodation obligations; however, USERRA requires employers to go further
than the ADA by making reasonable efforts to assist a veteran who is returning to employment in becoming qualified for a job.
The employer must help the veteran become qualified to perform the duties of the position whether or not the veteran has a
service-connected disability requiring reasonable accommodation. This could include providing training or retraining for the
position. See 38 U.S. Code § 4313; 20 C.F.R. §§ 1002.198, 1002.225 -.226. Additionally, reasonable accommodations may be available
under USERRA for individuals whose service-connected disabilities may not necessarily meet the ADA's definition of "disability."
USERRA also applies to all employers, regardless of size. Information on the reemployment rights of uniformed service personnel
can be found on DOL's website at www.dol.gov/vets. Title I of the ADA prohibits employers from discriminating against qualified individuals with disabilities with respect
to hiring, promotion, termination, and other terms, conditions, and privileges of employment. The ADA also prohibits disability-based
harassment and provides that, absent undue hardship (significant difficulty or expense to the employer), applicants and employees
with disabilities are entitled to reasonable accommodation to apply for jobs, to perform their jobs, and to enjoy equal benefits
and privileges of employment (e.g., access to the parts of an employer's facility available to all employees and access to
employer-sponsored training and social events). Under the ADA, an individual may ask for a reasonable accommodation at any
time during the application process or during employment. It is best to request a reasonable accommodation as soon as possible
after recognizing that one is needed. Additionally, an employer may have to provide someone who has been given one type of
reasonable accommodation with a different or additional one (e.g., if the nature of the disability or the job changes, or
if another type of accommodation becomes available). Documents explaining Title I of the ADA can be found on EEOC's website
at www.eeoc.gov < http://www.eeoc.gov/> . 3. I was severely injured during active duty but don't think of myself as "disabled." How do I know if I am protected
by the ADA?
You are protected if you meet the ADA's definition of disability. The ADA defines an "individual with a disability" as
a person who (1) has a physical or mental impairment that substantially limits one or more major life activities (e.g., hearing,
seeing, speaking, sitting, standing, walking, concentrating, or performing manual tasks); (2) has a record of such an impairment
(i.e. was substantially limited in the past, such as prior to undergoing rehabilitation); or (3) is regarded, or treated by
an employer, as having a substantially limiting impairment, even if no substantial limitation exists.
The ADA covers more than just individuals who were born with disabilities. It also covers individuals who use wheelchairs,
were blinded, or became deaf because of an accident or injury and individuals who are diagnosed with medical conditions such
as traumatic brain injury, major depression, and PTSD at any point in their lives.
The ADA does not require that someone be completely unable to work or perform other major life activities. In fact, the
law recognizes that many people with physical or mental impairments are capable of working and protects them from discrimination
that results from employer misperceptions or from the failure to make what are often simple workplace modifications.
4. I have been found to have a service-connected disability for purposes of receiving benefits related to my military
service. Does this mean I am covered by the ADA?
It depends. The definition of "disability" under the ADA may differ from the definition used in other laws. For example,
you may be considered a "disabled veteran" if you served on active duty in the armed forces, were honorably discharged, and
have a service-connected disability, or are receiving compensation, disability retirement benefits, or pension because of
a public statute administered by the Department of Veterans Affairs or a military department. See 5 U.S.C.A. § 2108. It is
possible that you may be a "disabled veteran" but not covered under the ADA. For example, if you receive benefits based on
a 10% disability rating for service-connected tinnitus (which causes ringing in the ear), but are not substantially limited
in hearing or some other major life activity, do not have a record of a substantial limitation, and are not treated by an
employer as if you are substantially limited, then you do not have a disability under the ADA. However, it is certainly possible
that you will meet both the definition of "disabled veteran" and the ADA's definition of "individual with a disability." For
example, if you have a complete loss of vision due to a combat-related injury, you are a "disabled veteran" entitled to military
benefits and also an individual with a disability under the ADA.
5. Is an employer required to hire me over other applicants because I have a service-connected disability?
In most cases, no. The ADA prohibits discrimination "against a qualified individual with a disability because of the
disability of such individual." This means that if you are qualified for a job, an employer cannot refuse to hire you because
you have a disability or because you may need a reasonable accommodation to perform the job. You are considered qualified
under the ADA if you are able to meet the employer's requirements for the job, such as education, training, employment experience,
skills, or licenses and are able to perform the job's essential or fundamental duties with or without reasonable accommodation.
Even if you are qualified for a job, however, an employer may choose another applicant without a disability because that individual
is better qualified.
Though it is not required to do so, an employer may decide to give a veteran with a service-connected disability a preference
in hiring. In fact, federal agencies may use specific rules and regulations, called "special hiring authorities," to hire
individuals with disabilities outside the normal competitive hiring process, and sometimes may even be required to give preferential
treatment to veterans, including disabled veterans, in making hiring, promotion, or other employment decisions. See the U.S.
Office of Personnel Management's question-and-answer guide on "Excepted Service-Appointment of Persons with Disabilities and
Career and Career-Conditional Appointments" at www.opm.gov/disability/appointment_disabilities.asp and OPM's "Vet Guide" at www.opm.gov/veterans/html/vetguide.asp; see also OPM's Disabled Veterans Affirmative Action Program at www.opm.gov/veterans/dvaap.asp. 6. During a job interview, may an employer ask about my missing arm, why I am in a wheelchair, or how I sustained any
other injury I may have?
No. Even if your disability is obvious, an employer cannot ask questions about when, where, or how you were injured.
However, where it seems likely that you will need a reasonable accommodation to do the job, an employer may ask you if an
accommodation is needed and, if so, what type. In addition, an employer may ask you to describe or demonstrate how you would
perform the job with or without an accommodation. For example, if the job requires that you lift objects weighing up to 50
pounds, the employer can ask whether you will need assistance or ask you to demonstrate how you will perform this task. Similarly,
if you voluntarily reveal that you have an injury or illness and an employer reasonably believes that you will need an accommodation,
it may ask what accommodation you need to do the job.
7. Do I have to disclose an injury or illness that is not obvious during an interview or indicate on a job application
that I have a disability?
No. The ADA does not require you to disclose that you have any medical condition on a job application or during an interview,
unless you will need a reasonable accommodation to participate in the application process, such as more time to take a test
or permission to provide oral instead of written responses. Some veterans with service-connected disabilities, however, may
choose to disclose that they have medical conditions, such as PTSD or a TBI, because of symptoms they experience or because
they will need a reasonable accommodation at work. Once an employer makes a job offer, it may ask you questions about your
medical conditions, and perhaps even require you to take a medical examination, as long as it requires everyone else in the
same job to answer the same questions and/or take the same medical examination before starting work.
8. Some applications ask me to indicate whether I am a "disabled veteran." Is this legal?
Yes, if the information is being requested for affirmative action purposes. See EEOC Enforcement Guidance: Preemployment
Disability-Related Questions and Medical Examinations Under the Americans with Disabilities Act of 1990 (1995) at www.eeoc.gov/policy/docs/preemp.html. An employer may ask applicants to voluntarily self-identify as individuals with disabilities or "disabled veterans" when
the employer is: (1) undertaking affirmative action because of a federal, state, or local law (including a veterans' preference
law) that requires affirmative action for individuals with disabilities; or (2) voluntarily using the information to benefit
individuals with disabilities, including veterans with service-connected disabilities. If an employer invites you to voluntarily self-identify as a disabled veteran, it must clearly inform you in writing
(or orally, if no written questionnaire is used) that: (1) the information is being requested as part of the employer's affirmative
action program; (2) providing the information is voluntary; (3) failure to provide it will not subject you to any adverse
treatment; and (4) the information will be kept confidential and only used in a way that complies with the ADA.
9. What types of reasonable accommodations may I want to request for the application process or on the job?
The following are examples of types of accommodations that may be needed for the application process or while on the
job:
* written materials in accessible formats, such as large print, Braille, or on computer
disk
* extra time to complete a test for a person who has difficulty concentrating
or has a learning disability or traumatic brain injury
* recruitment fairs, interviews,
tests, and training held in accessible locations
* modified equipment or devices (e.g.,
assistive technology that would allow a blind person to use a computer or someone who is deaf or hard of hearing to use a
telephone; a glare guard for a computer monitor used by a person with a TSI; a one-handed keyboard for a person missing an
arm or hand)
* physical modifications to the workplace (e.g., reconfiguring a workspace,
including adjusting the height of a desk or shelves for a person in a wheelchair)
*
permission to work from home
* leave for treatment, recuperation, or training related
to the disability
* modified or part-time work schedules
*
a job coach who could assist an employee who initially has some difficulty learning or remembering job tasks
*
reassignment to a vacant position where a disability prevents performance of an employee's current position or where any reasonable
accommodation in the current position would result in undue hardship (i.e., significant difficulty or expense)
10. How do I ask for a reasonable accommodation?
You simply have to indicate - orally or in writing -- that you need an adjustment or change in the application process
or at work for a reason related to a medical condition. For example, if you have a vision loss and cannot read standard print,
you would need to inform the employer that you need the application materials in some other format (e.g., large print or on
computer disk) or read to you. You do not have to mention the ADA or use the term "reasonable accommodation." The request
also can be made by someone acting on your behalf, such as a family member, rehabilitation counselor, health professional,
or other representative.
11. What happens after I request a reasonable accommodation?
A request for reasonable accommodation is the first step in an informal interactive process between you and the employer.
The process will involve determining whether you have a disability as defined by the ADA (where this is not obvious or
already known) and identifying accommodation solutions. An employer also may ask if you know what accommodation you need that
will help you apply for or do the job. There are extensive public and private resources to help identify reasonable accommodations
for applicants and employees with particular disabilities. For example, the website for the Job Accommodation Network (JAN)
provides a practical guide for individuals with disabilities on requesting and discussing reasonable accommodations and on
finding the right job. See JAN's website at www.jan.wvu.edu/portals/individuals.htm. 12. I am not sure whether I will need a reasonable accommodation. If I don't ask for one before I start working, can
I still ask for one later?
Yes. You can request an accommodation at any time during the application process or when you start working even if you
did not ask for one when applying for a job or after receiving a job offer. Generally, you should request an accommodation
when you know that there is a workplace barrier that is preventing you from competing for or performing a job or having equal
access to the benefits of employment. As a practical matter, it is better to request a reasonable accommodation before your
job performance suffers.
13. Where can I find more information on USERRA and the ADA?
This guide includes resources on where to find information on your employment rights under both laws and provides a list
of public and private organizations that can assist veterans with service-connected disabilities who are seeking employment.
It also includes resources on reasonable accommodation.
RESOURCES
Laws Protecting Veterans with Service-Connected Disabilities
EEOC's website provides enforcement guidance and other policy documents on the ADA, as well as information on how to
file a charge of discrimination under any of the statutes EEOC enforces.
DOL, through the Veterans' Employment and Training Service, provides information on USERRA, including a resource guide
and fact sheet.
ESGR is a unit in the Department of the Defense, established to promote cooperation and understanding between Reserve
component members and their civilian employers. ESGR has more than 900 volunteers who help employers and employees understand
what USERRA requires.
Locating and Securing Employment
This comprehensive career website is designed to help employers find qualified veterans, as well as help veterans to
make the most of a national network of employment resources.
The One Stop Career Centers serve the needs of those looking for jobs and employers seeking employees. They assist businesses
with recruitment, training, and retention of skilled workers. There are nearly 2,000 One Stop Career Centers nationwide.
The U.S. Department of Veterans Affairs, through its regional offices, supports nationwide employment training programs
for veterans with service-related injuries.
The U.S. Department of Labor (DOL), through its Veterans Employment Training Service (VETS), helps support a network
of local employment service representatives dedicated to assisting veterans with service-related injuries in locating and
securing employment.
Veteran Service Organizations (VSOs)
www1.va.gov/vso/
Many of the national VSOs, such as Disabled American Veterans, AMVETS, Paralyzed Veterans Association, and Blinded Veterans
Association, offer employment-related services to veterans with service-related injuries in various localities.
Reasonable Accommodation
This extensive guidance clarifies the rights and responsibilities of employers and individuals with disabilities regarding
reasonable accommodation and undue hardship and provides practical examples of the types of accommodations that may be needed
to enable a person with a disability to be considered for a position, perform the essential functions of a job, or enjoy the
equal benefits and privileges of employment.
JAN provides a variety of resources for employers and individuals with disabilities. JAN also provides lists of possible
accommodations based on specific disabilities as well as links to various other accommodation providers.
CAP provides assistive technology and services to individuals with disabilities, federal managers, supervisors, and IT
professionals.
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Footnotes
2 The term "service-connected" means, with respect to disability or death, that the disability was incurred or aggravated,
or that the death resulted from a disability incurred or aggravated, in the line of duty in the active military, naval, or
air service. See 38 U.S. Code § 101. In this document, the terms "veteran with a service-connected disability" and "disabled
veteran" are intended to have the same meaning. The terms "disability" and "individual with a disability" are intended to
have the same meanings as those terms in Title I of the ADA. For more information about the relationship of these terms to
one another, see Question 4.
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