Are returning vets with disabilities covered by the ADA?

  • Returning veterans with disabilities are not automatically covered under the ADA.  Their disability must meet the ADA’s definition of disability:  A mental or physical impairment that substantially limits one or more major life activity. 
  • In most cases, however, disabilities such as PTSD, TBI or depression would be covered under the ADA.
  • There are two EEOC documenst which can help clarify these issues. 
  • A good practice for employers is not to “get stuck” on trying to determine whether the veteran is covered by the ADA, but to move more quickly toward the interactive process to understand what accommodations the  veteran might need to be able to do their job.