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Old 09-05-2011, 12:12 PM   #7
vvxtiopmx

Join Date
Nov 2005
Posts
389
Senior Member
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How do you figure? Plus people don't get chaptered out for just one DUI - if a person got chaptered out of the military for drinking and DUIs that means they had a very insane problem with it and didn't make it through ASAP either.

The American Disability Act doesn't apply to the military. However, when people who were injured while on active duty leave the service and try to get civilian employment, that is when it applies to them.

http://www.eeoc.gov/facts/veterans-d...employers.html

Introduction
Each year, thousands of military personnel stationed around the world leave active duty and seek to return to jobs they held before entering the service or look to find their first, or new, civilian jobs. According to government statistics, between October 2001 and February, 2008, more than 30,000(1) veterans returned home with service-connected disabilities (e.g., amputations, burns, post traumatic stress disorder (PTSD), and traumatic brain injuries).(2)

At least two federal laws provide important protections for veterans with disabilities. The Uniformed Services Employment and Reemployment Rights Act (USERRA), which is enforced by the U.S. Department of Labor (DOL), sets forth the requirements for reemploying veterans with and without service-connected disabilities. Title I of the Americans with Disabilities Act (ADA), which the U.S. Equal Employment Opportunity Commission (EEOC) enforces, 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. 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.

This guide briefly explains how protections for veterans with service-connected disabilities differ under USERRA and the ADA, and then describes how the ADA in particular applies to recruiting, hiring, and accommodating veterans with service-connected disabilities.(3)

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.


But still that applies to civilian jobs - whether guaranteeing National Guard and Reservists their job after they get off active duty or when people leave active duty looking for a job. If the military had to comply with the ADA, then we would have all sorts of people trying to get in. Right now, the military can deny someone for being blind, deaf, mentally challenged (although sometimes I wonder) etc. The only people with what someone might consider disabilities who are serving are those who got that way from their service (i.e. missing limbs, blind, partially or fully deaf) but they aren't letting people in who are already like that (such as the blind guy who went through ROTC but can't get in). But the regulations on ASAP are very specific and we kick out drug users and people with severe alcohol issues all the time. I'm sorry but I don't want someone hopped up on drugs firing a weapon next to me somewhere or operating heavy machinery and putting soldiers lives at risk.
Why would you assume that someone who uses drugs would do so while on duty?
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