Veteran’s Day is this week! One way to celebrate is by knowing the rights of veterans at work after returning home. Veterans who have been disabled during service are entitled to certain protections under federal law: most notably through the Americans with Disabilities Act (ADA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA.) While some veterans may find it difficult to request extra accommodations and support, we all have a right to a workplace that is safe and comfortable. Below is a quick introduction to your rights as a disabled veteran and employee.

Rights during the application and hiring process:

An employer may ask about your disability status, but you are not required to disclose this information (especially if you don’t require any special accommodations). If you are qualified for a position, they cannot discriminate against you on the basis of your disability. This means employers are not allowed to screen or disqualify candidates based on assumptions about the disability, but must assess you based on your experience and ability. The employer is not allowed to ask you questions about the details or circumstance surrounding your disability, even if your disability is immediately physically visible (amputations/wheelchairs etc.) They may, however, ask questions about your capability to handle certain tasks on the job, and whether you would need assistance in order to complete those tasks.

Rights during employment: You can ask for accommodations and support from your employer at any time, whether it be verbally or in writing. The ADA lists common examples of accommodation like changing the configuration of a work space (adding ramps or lowering shelving and desks), hiring interpreters or composing Braille training materials for the deaf or blind, and arranging special schedules or time off to attend treatment or therapy. If harassment occurs at the workplace (offhand remarks or teasing, being denied promotions, etc.) you could pursue a legal claim against your employer. If you don’t know if you’re being treated unfairly, read our blog post here about workplace harassment and discrimination.

While discrimination based on disability is illegal, it still happens far too often. For more detailed information about your employment rights as a disabled veteran, you can check out the Equal Opportunity Employment Commission. The Department of Justice’s American Disabilities Act also has in-depth resources to help you navigate your workplace and advocate for yourself. If you are an employer and want to know how to approach hiring practices ethically, you can also check out these resources.

If you have questions about your employment rights or need a discrimination lawyer,

**please call us at (319) 826-2250 for a free initial consultation.**

The above information is meant to be helpful, but is not meant to replace the legal advice of an attorney with whom you have an attorney-client relationship.

Women employee's contribution to the workplace is "immeasurable" as Forbes recently reported. "Women learn to do more with less, they are resourceful, and develop a unique political awareness." Despite the significant value that women workers bring to the workforce, in 2015 the AAUW reported that women were still only making 80% of what their male co-workers were making for the same job! At the current rate of improvement, women are not expected to reach pay equity until 2059. My daughter will be nearing retirement age by then! The gender pay gap raises great concern among working women, but there are a few key things that as an employment lawyer, I believe every working woman should know.

Equal pay for equal work is the law. The federal Equal Pay Act, Title VII and Iowa's Equal Pay Act require that employers pay men and women equally if they perform substantially similar work. The work does not have to be identical and it does not matter if the employees have different job titles as long as the work is substantially similar.
All claims for discriminatory pay have a time limit to file a claim. The Iowa Equal Pay Act and Title VII require employees to file a complaint with the EEOC or Iowa Civil Rights Commission within 300 days of receiving the last discriminatory paycheck. The Equal Pay Act has a 2 or 3 year statute of limitations and does not require a filing with the EEOC, but has limits on the amount of damages recoverable. If you think you may have a claim and are concerned about these time limits, you should speak with an employment lawyer.
It's against the law for your employer to fire you for making a claim of discriminatory pay. Title VII, The Iowa Civil Rights Act and the EPA all prohibit retaliation by an employer for making a complaint of discrimination. Retaliation includes not only firing but other actions by an employer that negatively impact your employment.
Executives and women in leadership roles are more likely to be paid less than men in the same roles. You may assume that because you have advanced to a leadership role in your organization that you are not being paid unfairly, but the opposite is true. The Harvard Business Review reported that the pay gap widens for executive women, women with children and women with advanced degrees.
You can help close the pay gap for yourself and others. I believe that the most effective way for women to address the gender pay gap is to do everything in their power to make sure they are being paid equally as their male co-workers. If you know that you are not being paid fairly or suspect that is true you should raise the issue with your employer. If you continue to be paid unfairly or have left an employer where you were paid unfairly, you should talk with a lawyer and consider bringing a claim against your employer. Equal pay claims have different legal standards from other types of discrimination that can make it easier to prove claims based on unequal pay.

Women employees know they are just as valuable to their employers as their male co-workers. They deserve to be paid the same. It is not only what is fair, but it is the law.

“Imagine you’re a little girl. You’re growing up. You practice as hard as you can, with girls, with boys. You have a dream. You fight, you work, you sacrifice to get to this stage. You work as hard as anyone you know. And then you get to this stage, and you’re told you’re not the same as a boy. Almost as good, but not quite the same. Think how devastating and demoralizing that could be.”

— Venus Williams

The information on this page is intended to be helpful but should not replace formal legal advice. If you would like to speak with an Iowa employment lawyer about a potential claim for discriminatory pay, please call us at (319) 826-2250.