Transitioning from military service to the civilian workforce presents a unique set of challenges. To support this transition and prevent discrimination, the federal government established specific legal protections for certain groups of veterans.
You may have seen a question on a job application asking, “Are you a protected veteran?” Many veterans hesitate to answer, unsure if checking “yes” will help or hurt their chances.
This guide breaks down exactly what it means to be a protected veteran, who qualifies under federal law, and the specific rights this status provides in the workplace.
What is a protected veteran?
The term “protected veteran” comes from the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA). Despite the name, this law doesn’t just apply to Vietnam veterans. It has been amended over the years to cover many other service members.
VEVRAA prohibits federal contractors and subcontractors from discriminating against protected veterans. It also requires these employers to take affirmative action to recruit, hire, promote, and retain these veterans.
The Four Categories of Protected Veterans
Not every veteran is considered “protected” under this specific labor law. To qualify, you must have been discharged or released under conditions other than dishonorable and fit into at least one of the following four categories:
1. Disabled Veterans
You fall into this category if:
- You’re a veteran of the U.S. military who’s entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Secretary of Veterans Affairs; OR
- You were discharged or released from active duty because of a service-connected disability.
If you have a VA disability rating, even a 0% rating, you generally qualify as a protected veteran under this category.
2. Recently Separated Veterans
This category applies to any veteran during the three-year period beginning on the date of their discharge or release from active duty.
For example, if you were discharged on January 1, 2024, you remain a “recently separated veteran” (and thus a protected veteran) until January 1, 2027. Once that three-year window closes, you lose this specific classification unless you qualify under one of the other three categories.
3. Active Duty Wartime or Campaign Badge Veterans
This category covers veterans who served on active duty in the U.S. military during a war, or in a campaign or expedition for which a campaign badge has been authorized.
This includes service during:
- Specific conflicts (like the Persian Gulf War).
- Campaigns where you were awarded the Southwest Asia Service Medal, Afghanistan Campaign Medal, Iraq Campaign Medal, or similar campaign badges.
You can verify this by checking your DD-214. If a campaign badge is listed in your awards section, you likely qualify.
4. Armed Forces Service Medal Veterans
This category is distinct from the “Campaign Badge” category. It includes veterans who, while on active duty, participated in a U.S. military operation for which an Armed Forces Service Medal was awarded.
These medals are typically awarded for operations where there is no foreign armed conflict or imminent threat of hostile action, such as significant peacekeeping or humanitarian missions.
Why do employers ask this question?
When applying for jobs with companies that do business with the federal government, you will often be asked to self-identify as a protected veteran.
It’s not a trap. These employers are required by the Department of Labor (specifically the Office of Federal Contract Compliance Programs, or OFCCP) to track their hiring data. They have targets for hiring veterans. Checking “yes” tells the employer that hiring you helps them meet their federal compliance goals.
Your status is kept confidential and is used primarily for data tracking and affirmative action purposes, not to discriminate against you.
Key Benefits of Being a Protected Veteran
Having this status grants you rights under VEVRAA that other job applicants do not have.
1. Protection Against Discrimination
Federal contractors cannot deny you a job, fire you, harass you, or deny you a promotion simply because you’re a protected veteran.
2. Reasonable Accommodations
If you’re a disabled veteran, you have the right to request reasonable accommodations to help you apply for a job or perform your job duties. This might include:
- Providing a chair for a job that usually requires standing.
- Modifying a work schedule for medical appointments.
- Providing assistive technology (like screen readers).
3. Affirmative Action
Federal contractors must actively recruit protected veterans. They are required to list job openings with the local state employment service delivery system (ESDS) so that veterans get priority access to these listings.
How to Verify Your Status
If you’re unsure if you qualify, the best place to look is your DD-214. It will list your dates of separation (for the “Recently Separated” category) and your awards (for the “Campaign Badge” and “Service Medal” categories).
For the “Disabled Veteran” category, your VA Rating Decision letter serves as proof that you’re entitled to compensation.
Ensuring Your Status is Accurate
If you believe you qualify as a disabled veteran but have been denied service connection by the VA, or if your current rating does not reflect the severity of your condition, you have the right to appeal. Securing the correct disability rating not only provides financial compensation but also solidifies your status as a protected veteran in the workforce.
Cameron Firm, PC, specializes in helping veterans secure the benefits they have earned. If you need assistance with a VA disability appeal, contact us today for a free consultation.
