As described by U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor Veterans’ Employment and Training Service (VETS), U.S. Department of Justice Civil Rights Division (CRT), and U.S. Equal Employment Opportunity Commission (EEOC), two federal laws prohibit discrimination in employment based on status as a service member or veteran:

• The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits civilian employers from discriminating based on present, past, and future military service.  It also entitles service members, such as National Guard members and reservists, who leave their civilian employment to perform covered military service to prompt reemployment with their pre-service employer following the completion of their duty.  Service members who meet the eligibility criteria for reinstatement must be promptly reemployed with their pre-service employers with the seniority, status, and rate of pay they would have obtained with reasonable certainty had they remained continuously employed.
• The Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA) prohibits federal contractors and subcontractors from discriminating in employment against protected veterans and requires employers take affirmative action to recruit, hire, promote, and retain these individuals.  This protection against discrimination extends to spouses and other individuals the contractor knows have a relationship or association with a protected veteran.

Additional laws prohibit employment discrimination against applicants and employees for other reasons veterans and service members may face:

• The Americans with Disabilities Act of 1990 makes it illegal for employers to discriminate against qualified job applicants and employees based on their physical or mental disabilities, including failing to provide a reasonable accommodation to a qualified employee or applicant.  Section 501 of the Rehabilitation Act of 1973 applies the same standards to federal agency employers.
• Section 503 of the Rehabilitation Act of 1973 prohibits federal contractors and subcontractors from discriminating in employment against individuals with disabilities, including failing to provide a reasonable accommodation to a qualified employee or applicant.  It also requires employers to take affirmative action to recruit, hire, promote, and retain these individuals.
• Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, national origin, sex (including pregnancy, sexual orientation, and gender identity), and religion.
• The Equal Pay Act of 1963 requires that men and women in the same workplace be given equal pay for equal work.
• The Age Discrimination in Employment Act of 1967 protects people who are 40 or older from discrimination because of age.
• The Genetic Information Nondiscrimination Act of 2008 prohibits discrimination based on genetic information (which includes family medical history).
• The Immigration and Nationality Act’s Anti-Discrimination Provision prohibits discrimination based on citizenship, immigration status, and national origin for certain employers not covered under Title VII).
• Executive Order 11246 prohibits federal contractors and subcontractors from discriminating on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin and requires affirmative action to promote equal opportunity.  Contractors also are prohibited from discriminating against applicants or employees because they inquire about, discuss, or disclose their compensation or that of others, subject to certain limitations.

Employers are prohibited from retaliating against for asserting their rights under these laws or otherwise participating in protected activity (e.g., filing a complaint or participating in an investigation).