Legal Question in Employment Law in Maryland

Re: Discrimination in hiring practices.

Generally, an employer may not discriminate against an individual based on military service. It appears that your employer is in fact discriminating on that basis since the people they have ruled out as candidates are all veterans.

The law is called the Uniformed Services Employment and Reemployment Rights Act of 1994. It says, in relevant part,

"� 4311. Discrimination against persons who serve in the uniformed services and acts of reprisal prohibited

(a) A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service shall not be denied

initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation."

In essence, the law protects those who have served from discriminaiton, and also guarantees reemployment rights to those returning from service.

To enforce the law, a person may file a suit in court, or seek an investigation through the US Department of Labor. The DOL section responsible for this area is called VETS, or Veteran Employment and Training Service. The DC number is 202.693.4700. They may refer you to region III which covers DC, MD and VA. That number is 215.861.5390 (in Philly).

Possible damages include double damages for willful violations, and attorney's fees. Also, if you file in court, the courts are prohibited from charging court costs and fees.

It seems best to make your employer aware that they are seemingly in violation of the law and see if they change their policy. If not, you can call DOL to file a complaint, or hire an attorney if you feel the need to pursue this in court. It is also prohibited for an employer to retaliate against anyone who pursues their rights under this law. For example, it would be illegal to fire you for filing a complaint with DOL.

If you think you need specific legal advice, please call for a free consultation. We can decide together whether you need legal help and how you should proceed.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

6932 Mayfair Road

Laurel, MD 20707

301.604.2497

fax: 301.776.3954

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.