Q: Am I protected under EEO as a Member of the National Guard or as a veteran
I have been denied vacation time 2x. Other employees are receiving their vacation time . I reported being singled out and said I was filing a complaint. That I no longer wished to be under my current supervisors. They moved me to another correctional facility under what feels like retaliation.
A:
Yes, as a member of the National Guard or a veteran, you are protected under Equal Employment Opportunity (EEO) laws. Two key federal laws provide these protections:
The Uniformed Services Employment and Reemployment Rights Act (USERRA):
USERRA prohibits civilian employers from discriminating against you based on your present, past, and future military service. This law also entitles service members, such as National Guard members and reservists, to prompt reemployment with their pre-service employer following the completion of their duty. This means that 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 that they would have obtained with reasonable certainty had they remained continuously employed.
The Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA):
VEVRAA prohibits federal contractors and subcontractors from discriminating in employment against protected veterans. It requires employers to take affirmative action to recruit, hire, promote, and retain these individuals. This protection against discrimination extends not only to veterans but also to individuals that the contractor knows have a relationship or association with a protected veteran.
Your Situation:
You mentioned being denied vacation time twice, while other employees are receiving their vacation time. Additionally, you reported being singled out and stated your intention to file a complaint. You expressed that you no longer wished to be under your current supervisors, and as a result, you were moved to another correctional facility, which you feel is an act of retaliation.
Under USERRA, you are protected against discrimination and retaliation based on your military service. The denial of vacation time and the subsequent transfer to another facility may constitute discriminatory and retaliatory actions. You have the right to file a complaint and seek redress if you believe your rights under USERRA and VEVRAA have been violated.
If you need further assistance, consider contacting the U.S. Department of Labor's Veterans' Employment and Training Service (VETS) or the Equal Employment Opportunity Commission (EEOC).
U.S. Department of Labor VETS: https://www.dol.gov/agencies/vets
EEOC: https://www.eeoc.gov
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