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Understanding the Qualified Special Disabled Veteran: Definition and Implications
Definition & Meaning
A qualified special disabled veteran is defined as a special disabled veteran who meets the necessary skills, experience, education, and other job-related requirements for the position they currently hold or wish to obtain. This individual is capable of performing the essential functions of that position, with or without reasonable accommodations.
Table of content
Legal Use & context
This term is primarily used in the context of employment law, particularly concerning affirmative action and nondiscrimination obligations for federal contractors and subcontractors. It is relevant in civil rights law, ensuring that qualified special disabled veterans receive equal opportunities in employment. Users may find it useful to access legal templates from US Legal Forms to navigate the necessary documentation related to employment rights and obligations.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A veteran who has a service-related disability applies for a position as a software developer. They have the necessary coding skills and experience, and they can perform the job duties with the help of assistive technology. This individual qualifies as a qualified special disabled veteran.
Example 2: A veteran with a mobility impairment seeks a role in project management. They have relevant experience and can perform the job functions with modifications to their workspace. This person also meets the criteria for being a qualified special disabled veteran.
Relevant laws & statutes
Major laws that apply include:
41 CFR 60-250 - Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Special Disabled Veterans.
Americans with Disabilities Act (ADA) - Protects individuals with disabilities from discrimination.
State-by-state differences
Examples of state differences (not exhaustive):
State
Key Differences
California
State laws provide additional protections for veterans in employment.
Texas
Offers specific tax incentives for employers hiring disabled veterans.
Florida
Includes provisions for veteran preference in state employment.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Special Disabled Veteran
A veteran with a disability resulting from military service.
Qualified special disabled veterans meet specific job requirements.
Recently Separated Veteran
A veteran who has recently left military service.
Does not necessarily have a disability or meet job qualification criteria.
Common misunderstandings
What to do if this term applies to you
If you believe you qualify as a special disabled veteran, consider the following steps:
Review your qualifications and ensure you meet the job requirements.
Document any necessary accommodations you may need to perform your job effectively.
Explore legal forms and templates through US Legal Forms to assist with employment applications or rights documentation.
If you encounter discrimination or challenges, consider seeking legal advice from a professional.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.
Key Requirement: Ability to perform job functions with or without accommodations.
Relevant Laws: 41 CFR 60-250, ADA.
Key takeaways
Frequently asked questions
A special disabled veteran is someone who has a disability related to their military service and meets specific job qualifications.
Reasonable accommodations are adjustments or modifications that enable a qualified individual to perform their job duties.
Yes, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) if you believe you are facing discrimination based on your status as a qualified special disabled veteran.