Many servicemembers return from military duty with injuries or conditions that impact their ability to work. When that happens, they often ask: Does my employer have to accommodate me? The answer depends not just on your service—but on when the disability occurred and who your employer is.

Most people have heard of the Americans with Disabilities Act (ADA), but fewer know that the Uniformed Services Employment and Reemployment Rights Act (USERRA) also requires employers to accommodate servicemembers under certain conditions. That protection, however, is not automatic. It only applies when you’re returning to a civilian job you already held before your service began.

What USERRA Really Covers

USERRA protects servicemembers returning from duty by requiring employers to make reasonable efforts to accommodate any service-connected injuries or illnesses. The law is designed to ensure that military service—even when it results in a disability—doesn’t unfairly derail a person’s civilian career. But here’s the key point, and one that is often understood USERRA’s reasonable accommodation requirement applies only to employers the servicemember left for military service.

In other words, if you’re returning to your old job after military duty and suffered a disabling injury while serving, your employer must make reasonable efforts to help you return. That might mean adjusting your duties, modifying your schedule, or even placing you in a comparable position if your old job is no longer possible.

Here’s an Example of when USERRA Applies:

A reservist works as a mechanic for a private company and is called to active duty overseas. During deployment, they sustain a back injury that limits their ability to lift heavy equipment. Upon returning from duty, they report back to their previous employer. Under USERRA, the employer is required to make reasonable efforts to accommodate the injury—such as modifying job duties or assigning a comparable role—so long as it doesn’t impose an undue burden.

Here is an Example of when USERRA Does Not Apply:

A different servicemember suffers a similar back injury during active duty. After completing service, they apply for a new job at a company they’ve never worked for before. In this case, USERRA does not require the new employer to accommodate the disability, because the individual is not returning to a prior job. Their rights would instead be governed by the ADA (assuming certain criteria is met pursuant to the ADA).

What Are an Employer’s Obligations Under USERRA?

When a servicemember returns from duty with a service-connected injury, USERRA requires the employer to take meaningful steps to bring that employee back into the workforce. This includes making reasonable efforts to accommodate the employee’s physical or mental limitations, such as modifying the work environment or adjusting job responsibilities when appropriate.

If the employee can no longer perform the duties of their previous position—even with accommodation—the employer must consider whether the employee can be placed in another position of similar status and pay. This reassignment obligation only applies if the original job is no longer viable due to the service-related condition.

That said, USERRA does not require employers to create a new position or remove essential functions of a job. But it does require that employers make good-faith efforts to help the servicemember reintegrate—unless doing so would impose an undue hardship.

Conclusion: Know Where the Line Is

USERRA offers important protections, but it doesn’t apply to every employment situation involving a servicemember and a disability. If you’re returning to a job you held before your military service, and your injury occurred during that service, your employer may have a legal duty to accommodate you under USERRA. But if you’re applying for a new job after your injury—or if the employer never employed you before your service—then the ADA may be the law that governs your rights instead.

Understanding which law applies is critical. If you’re unsure whether USERRA or the ADA protects you—or if you believe your employer has failed to meet their obligations—it’s worth consulting with an attorney who understands both the military and employment law.

If you believe your employer has violated your rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA), I offer a complimentary initial consultation to help assess your situation. I take a phased approach to ensure we make the most of both your time and mine, and stay focused on what matters most. Completing the form below provides me with a general understanding of your case in advance—which is crucial, as I may not be the right attorney for your needs. If that’s the case, I’ll let you know upfront rather than take up your valuable time.

Consultations are by appointment only. I’m unable to accommodate walk-ins or unscheduled phone calls, as each case deserves the time and attention it requires.

I know reaching out to an attorney can feel unfamiliar or even intimidating—this is completely normal. The consultation is designed to help us understand the facts of your situation and determine whether your case falls under USERRA. The more detailed and accurate your information, the better I can assess whether I’m able to assist—or whether a referral may be more appropriate.