Veterans serve their country with honor, discipline, and sacrifice. Yet many discover that when they enter or return to the federal civilian workforce, they face barriers and biases they never expected — lost opportunities, retaliation, hiring discrimination, misuse of veteran preference rules, denial of rights, and unfair treatment tied directly to their service.

Federal law prohibits discrimination against veterans, service members, National Guard members, reservists, and applicants with military backgrounds. Two powerful laws work together to protect you:

Together, these laws create some of the strongest employment protections in the federal system.

This guide — the most comprehensive on the internet — is written for federal employees and applicants who served in the Armed Forces and now face discrimination in civilian federal employment. As a Federal Veteran Status Discrimination Lawyer, the National Security Law Firm fights aggressively for veterans nationwide, drawing on our military roots, insider federal experience, and mission-driven approach.

In this guide, you’ll learn:

  • What veteran status discrimination looks like in federal agencies

  • How USERRA protects service members, Guard, and Reserve

  • How VEOA enforces veterans’ preference rights

  • What to do when hiring officials violate preference laws

  • How to recognize retaliation for service obligations

  • How hostile work environment claims work for veterans

  • Strategies to win EEO, MSPB, OSC, and VEOA appeals

  • Your remedies, back pay, priority consideration, and record correction

  • How NSLF’s insider background gives you unmatched advantages

National Security Law Firm: It’s Our Turn to Fight for You.

What Is Veteran Status Discrimination in Federal Employment?

Veteran status discrimination occurs when a federal employer treats a veteran or service member worse because of:

  • Military service history

  • Reserve or National Guard obligations

  • Deployment history

  • Disability connected to service

  • Service-connected injuries

  • Time away for active duty

  • Combat history

  • Cultural assumptions about veterans

  • Stereotypes (e.g., PTSD assumptions)

  • Prior rank or military leadership experience

  • Status as a transitioning service member

It includes discrimination in:

  • Hiring

  • Promotion

  • Assignments

  • Training

  • Performance ratings

  • Discipline

  • Telework

  • Scheduling

  • Leave

  • Details

  • Awards

  • Termination

Federal law treats such discrimination as unlawful, hostile, retaliatory, and a violation of merit system principles.

Your Legal Protections: USERRA, VEOA, & Federal EEO Law

Veterans have overlapping protections:

USERRA

Protects veterans, active duty, Reserve, and Guard members against:

  • Discrimination

  • Retaliation

  • Reemployment problems

  • Failure to restore to the right grade or step

  • Denials of seniority and benefits

  • Hostile treatment due to military service

  • Harassment tied to deployment or obligations

VEOA

Protects veterans applying for competitive service positions:

  • Ensures proper use of veterans’ preference

  • Prevents improper bypassing of preference-eligible applicants

  • Allows MSPB appeals when agencies violate preference laws

Title VII & Federal EEO

Covers harassment and retaliation if tied to:

  • Disability connected to service

  • National origin stereotypes

  • Religion

  • Other protected bases

Civil Service Reform Act (PPP)

Protects against:

  • Prohibited Personnel Practices

  • Retaliation for exercising veteran rights

  • Violations of merit system principles

  • Nepotism that harms veterans

  • Failure to follow preference rules

  • Misuse of probationary periods after military service

OSC enforces these provisions.

Together, these laws create a battle-ready shield for veterans in the federal workforce.

Examples of Veteran Status Discrimination in Federal Agencies

Veteran discrimination is often subtle. Some examples include:

Hiring Discrimination:

  • Ignoring preference-eligible applicants

  • Manipulating job postings to exclude veterans

  • Removing veterans from referral lists

  • Using selective hiring panels to bypass veteran candidates

  • Stacking specialized experience requirements to evade preference

  • Canceling announcements once a veteran qualifies

  • Telling veterans they are “overqualified”

Promotion Discrimination:

  • Choosing non-veterans over veterans with stronger records

  • Penalizing veterans for military communication style or directness

  • Discounting military leadership experience

  • Claiming veterans “don’t understand civilian culture”

Performance & Discipline:

  • Negative ratings due to time away for military duty

  • Criticizing veterans for “being too rigid” or “too mission-oriented”

  • Disciplining for PTSD-related symptoms without offering accommodation

  • Penalizing veterans for leadership assertiveness rooted in military experience

Hostile Work Environment:

  • Mocking service-connected disabilities

  • Comments about combat history

  • Calling veterans “broken,” “damaged,” or “trigger-happy”

  • Deriding military culture

  • Asking inappropriate questions about mental health or deployments

Retaliation for Military Obligations:

  • Negative actions tied to Reserve or Guard duty

  • Penalizing requests for military leave

  • Scheduling important meetings during drill weekends

  • Blocking promotions because of anticipated deployments

If you’ve seen anything like this, you may have a case.

Veteran Status Harassment & Hostile Work Environment

A hostile environment can include:

  • Insults about military culture

  • Comments like “I wonder if he’s going to snap”

  • Doubting your mental stability because of deployments

  • Gossip about combat experience

  • Calling veterans “too intense,” “too rigid,” or “too militant”

  • Negative comments about service-connected disabilities

  • Targeting veterans with nitpicking and micromanagement

  • Open resentment about veteran preference

Harassment is unlawful when it is:

  • Severe or

  • Pervasive

Veterans are not required to endure hostile treatment just because they served.

Retaliation for Military Service, Guard Duty, or Exercising Veteran Rights

Retaliation is one of the strongest claims under USERRA and VEOA.

Examples:

  • Negative performance reviews after requesting military leave

  • Removing telework or flexibility after drill weekends

  • Denying awards because of absences due to service

  • PIPs issued shortly after exercising VEOA rights

  • Cutting duties after filing VEOA or USERRA complaints

  • Threatening “career consequences” for Reserve obligations

  • Delayed promotions because of anticipated deployments

Federal law requires agencies to treat military service as neutral—not a basis for punishment.

USERRA Protections for Returning or Active Service Members

USERRA is exceptionally strong. It guarantees:

1. The Right to Be Reemployed

After military service, you must be restored to:

  • The job you would have attained

  • With the seniority you would have earned

  • At the pay you deserve

  • As if you had never left

2. The Right to Promotion Path

Military service cannot stall your career trajectory.

3. The Right to Retain Benefits

You retain:

  • Retirement credit

  • Seniority

  • Career ladder progression

  • TSP contributions

4. Protection From Retaliation

Supervisors cannot retaliate for:

  • Drill weekends

  • Annual training

  • Mobilizations

  • Deployment cycles

  • Military leave

5. Protection From Hostile Work Environment

Military status is a protected factor.

6. The “Motivating Factor” Standard

USERRA uses a lenient standard:

If military service is even one motivating factor in the adverse action, the burden shifts to the agency to disprove discrimination.

This is one of the strongest burdens in all employment law.

VEOA — Veterans’ Preference Enforcement

VEOA enforces veterans’ preference rights in federal hiring.

A violation occurs when agencies:

  • Fail to properly apply preference points

  • Remove a veteran from a referral list without explanation

  • Pass over a veteran without a “pass-over request”

  • Manipulate announcements to avoid preference

  • Favor internal candidates improperly

  • Use subjective criteria to bypass veterans

  • Fail to notify of competitive hiring rights

  • Convert temporary jobs to permanent roles without applying preference rules

VEOA is enforced through MSPB, giving veterans a powerful appeal path.

Filing Claims Under USERRA, VEOA, EEO, MSPB, and OSC

Veterans have more enforcement avenues than any other group.

1. USERRA Complaints

Filed through:

  • Agency

  • DOL-VETS

  • OSC

  • MSPB

USERRA allows direct MSPB appeals even without EEO exhaustion.

2. VEOA Appeals

Filed at MSPB when:

  • A veteran was denied preference

  • A veteran was improperly passed over

  • Hiring rules were violated

3. EEO Claims

Used if discrimination overlaps with:

  • Disability

  • Race

  • Sex

  • National origin

  • Religion

  • Retaliation

  • Hostile environment

4. MSPB Mixed Cases

When a veteran is:

  • Removed

  • Suspended

  • Demoted

  • Constructively discharged

…and claims discrimination + adverse action.

5. OSC Complaints

For prohibited personnel practices, including:

  • Nepotism

  • Failure to follow merit system principles

  • Retaliation tied to military service

  • Violations of preference rules

Because many veterans face retaliation or favoritism issues, OSC is a potent pathway.

Remedies Available to Veterans

Federal law offers some of the broadest remedies available, including:

  • Reinstatement

  • Back pay

  • Cancellation of discipline

  • Service credit restoration

  • Retroactive promotions

  • Priority consideration for missed opportunities

  • Attorney fees

  • Compensatory damages (for EEO claims)

  • Correction of records

  • Seniority restoration

  • Military leave credit

  • Removal of retaliatory PIPs or evaluations

Under USERRA and VEOA, agencies may also face:

  • Penalties

  • Forced recompetition

  • Mandatory training

  • Internal compliance review

How NSLF Wins Veteran Status Discrimination Cases

Our firm’s entire culture is built around military precision and insider federal knowledge.
This is what sets NSLF apart.

1. Military Roots

We are founded and led by military veterans, former JAGs, and former federal officials who understand:

  • Command structures

  • Deployment cycles

  • Duty obligations

  • Transition challenges

  • Military culture

  • Service-connected injuries

We know how to translate military experience into federal legal language that agencies cannot ignore.

2. Insider Federal Experience

Our attorneys served inside federal agencies.
We understand:

  • How hiring panels bypass veterans

  • How HR manipulates announcements

  • Where preference is misapplied

  • How supervisors create pretext

  • How OSC and MSPB think

This insider knowledge allows us to attack cases with unmatched accuracy.

3. The Attorney Review Board

Our ARB meets on complex cases to:

  • Stress-test arguments

  • Identify pressure points

  • Uncover procedural violations

  • Develop multi-forum strategy

  • Strengthen comparator analysis

  • Expose retaliation patterns

4. Aggressive Strategic Litigation

We pursue:

  • USERRA

  • VEOA

  • MSPB

  • EEO

  • OSC

  • Whistleblower retaliation (if applicable)

Simultaneously when needed — giving us maximum leverage.

5. Mission-Focused Advocacy

We treat veteran cases like military operations:

  • Clear objective

  • Defined strategy

  • Precision execution

  • Relentless follow-through

6. High-Value Settlements and Career Protection

We negotiate:

  • Reinstatement

  • Telework agreements

  • Reassignment away from toxic supervisors

  • Priority consideration

  • Clean personnel records

  • No-retaliation clauses

Veterans deserve dignity and stability. We secure both.

Why Veterans Choose NSLF

Veterans choose NSLF because we are:

  • Veteran-led

  • Mission-driven

  • Nationwide

  • Based in Washington, D.C.

  • Experienced at MSPB, EEOC, and OSC

  • Trained in military discipline and precision

  • Known for maximizing case outcomes

  • Trusted with hundreds of veteran discrimination claims

  • Rated 4.9 stars on Google

Our firm’s DNA is military.
Our mindset is strategic.
Our commitment is unwavering.

Federal Employment Defense Resource Hub

Access the full resource hub for federal employees, including guides on:

  • Veterans’ rights

  • Disability accommodation

  • MSPB defense

  • EEO strategy

  • Whistleblower protections

  • Security clearance

  • OSC complaints

Explore the hub:

NSLF’s Federal Employment Resource Hub

Ready to Take the Next Step

If you are facing:

  • Veteran status discrimination

  • A VEOA violation

  • USERRA retaliation

  • Harassment

  • Improper bypass in hiring

  • A hostile environment

  • Performance or disciplinary retaliation

  • Denial of preference

  • Medical removal tied to service

  • Supervisor bias about military culture

  • Retaliation for Reserve/Guard duty

You do not have to fight alone.

Book your free consultation today:

Book Consult Now

A Federal Veteran Status Discrimination Lawyer will:

  • Listen to your story

  • Identify your strongest claims

  • Assess your case value

  • Recommend the right legal forum

  • Develop a clear litigation plan

  • Protect your service, your rights, and your career

Your military service deserves respect — and legal protection.

National Security Law Firm: It’s Our Turn to Fight for You.