SB376 By Senators Hightower and Glover RFD Veterans and Military Affairs Rd 1 14-APR-15

SYNOPSIS: Currently, there is no specific state law prohibiting discriminatory hiring practices against veterans.

This bill would specifically prohibit discriminatory hiring practices against veterans. The bill would provide that the Department of Veterans' Affairs would review complaints of alleged discriminatory practices and issue, if appropriate, administrative orders to provide remedies for violations.

A BILL TO BE ENTITLED AN ACT

To amend Sections 31-5-4 and 31-5-7, Code of Alabama 1975, relating to the Department of Veterans' Affairs; to prohibit discriminatory hiring practices against veterans; to provide for complaints by veterans, hearings of alleged violations, and administrative relief; and to provide for a defense based on certain job-related criteria.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 31-5-4 and 31-5-7, Code of Alabama 1975, are amended to read as follows:

§31-5-4.

"(a) The State Department of Veterans' Affairs shall assist every veteran of any war of the United States in presenting and pursuing such any claim as the veteran may have against the United States arising out of war service and in establishing the veteran's right to any privilege, preference, care, or compensation provided for by the laws of the United States or of the State of Alabama, when the veteran requests such assistance. Whenever the veteran applying to a representative of the State Department of Veterans' Affairs shall have executed a power of attorney to any veterans' organization or the American Red Cross, the representative shall accept any claim or information pertaining to any claim, right, preference, privilege, compensation, or application for care from the veteran and advise with him as to the proper preparation of the same and then forward the same to the State Department of Veterans' Affairs in order that it might make contact with the organization to which the veteran has given a power of attorney for the further handling, presenting, and prosecuting of such claim. Should any veteran making application to the State Department of Veterans' Affairs not have given a power of attorney to any organization to represent him the veteran in handling his or her affairs, the department shall advise him or her of the organizations recognized by the Veterans' Administration to represent him the veteran and allow the veteran to make his the choice of the organization he desires to represent him.

"(b) As used in subdivisions (c) through (h) of this section, a veteran is an individual who is a current or former member of the Armed Forces of the United States or a reserve component of the armed forces or a current or former member of the Alabama National Guard or a reserve component of the National Guard.

"(c) It is against the public policy of this state and is an unlawful employment practice for an employer to discriminate against a prospective employee solely on the basis the prospective employee is a veteran.

"(d) It is a defense to a charge of discrimination under this section that an alleged discriminatory application of qualification standards, tests, or selection criteria that screen out or tend to screen out or otherwise deny a job or a benefit to a veteran with a disability has been shown to be job-related and consistent with business necessity, and performance cannot be accomplished by another reasonable accommodation.

"(e) A veteran may file a complaint with the department alleging a violation of this section. The department shall investigate and attempt to resolve any complaint. The department may hold an administrative hearing on the complaint and after a hearing may issue an administrative order or orders. An order may require an employer to pay restitution for an aggrieved veteran, require the hiring of the aggrieved veteran, and may order such other administrative relief as is appropriate. Either the veteran or the department may appeal the outcome of a hearing to the circuit court in the county in which the veteran resides.

"(f) The department may adopt and enforce rules necessary to administer subsections (b) to (h) of this section. These rules shall not be in conflict with rules adopted under the employment discrimination provisions of the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), P.L.103-353 (38 U.S.C. §4301, et seq.).

"(g) This section shall not be construed to limit any of the preferences for the hiring of, employment of, or benefits for veterans that are contained in any other provision of the Code of Alabama 1975.

"(h) Each employer subject to this section shall provide notice of this section in a format accessible to applicants, describing the applicable provisions of this section. The department shall formulate language for the use of an employer that complies with this section and any rules adopted pursuant to this section.

§31-5-7.

"(a) The State Service Commissioner shall submit to the State Board of Veterans' Affairs for its approval an annual budget of all funds appropriated by the Legislature to the department for the specific purposes for which they are appropriated, and also a budget of any federal funds which may be allotted to the state by the federal government for the purposes of the department according to the regulations of the federal authorities. He shall publish annually a full report of the operations and administration of the department, together with recommendations and suggestions, and submit such report to the state board.

"(b) It shall be the duty of the state commissioner to:

"(1) Prepare detailed plans for, and fully develop, a comprehensive statewide veterans' assistance program.

"(2) Cooperate with all other heads of the state departments in coordinating the plans and programs of state agencies which may properly be utilized in the administration of various aspects of the problems of veterans, and dependents of veterans, such as the office of the State Adjutant General, the State Department of Education, the State Department of Pensions and Security, the State Department of Industrial Relations, the State Planning Board, the State Board of Health, and any other state agencies furnishing services to veterans.

"(3) Provide a central contact between federal agencies dealing with the problems of veterans, such as the United States Veterans' Administration, the Selective Service System, the Social Security Administration, the Department of Defense and other federal agencies on the one hand, and the several state agencies which may administer the various aspects of the veterans' services and benefits on the other.

"(4) Maintain central case records of all veterans seeking services or benefits to facilitate the interchange of information and case histories among the several state administrative agencies and the federal agencies to provide a clearinghouse of information.

"(c) Other duties of the state commissioner shall be to:

"(1) Acquaint himself, his associates, and the employees with the laws, federal, state, and local, enacted for the benefit of members of the armed forces, veterans, their families, and dependents.

"(2) Collect data and information as to the facilities and services available to them, and cooperate with information or service agencies throughout the state, to inform members of the armed forces, veterans, their families, and dependents, and the military and civil authorities regarding the existence or availability of:

"a. Educational training and retraining facilities.

"b. Health, medical, rehabilitation, and housing services and facilities.

"c. Employment and reemployment services.

"d. Provisions of federal, state, and local laws affording rights, privileges and benefits to members of the armed forces, veterans, their families, and dependents.

"e. Other matters of similar, relative, or appropriate natures.

"(3) Aid all residents of the State of Alabama who served in the military or naval forces or other armed services of the United States during any war in which the United States has been engaged, and members of the armed services during the peace times who have been honorably discharged from such service, their relatives, beneficiaries, and dependents, to receive from the United States any and all compensation, hospitalization, insurance, education, employment, loan guarantees, or any other aid or benefit to which they may be entitled under existing laws of the United States, or such as may be hereafter enacted, and he shall perform such other duties in connection therewith as may be assigned by the state board.

"(4) Cooperate and negotiate with the federal government, all national, state and local governmental, or private agencies for securing additional services or benefits for veterans, their families, and dependents who are residents of the State of Alabama.

"(5) Develop and implement statewide plans for a repatriation program for proper reinterment, with appropriate honors, of the bodies of members of the armed services returned from temporary overseas cemeteries.

"(6) Provide for and maintain an advisory, counselling, and assistance service for dependents of present members of the armed services in connection with dependency allotments and allowances.

"(7) Disseminate information and instructions on a statewide basis pertaining to such acts as may be enacted from time to time by the Congress providing benefits for active members of the armed forces, their beneficiaries and dependents.

"(8) Assist former prisoners of war and civilian internees to collect such indemnities and benefits as may be authorized by Congress from seized assets of enemy nations.

"(9) Compile, publish, and distribute casualty lists resulting from the Korean and Southeast Asian actions and any subsequent hostilities and to aid survivors and dependents of such survivors and dependents of such casualties to recover all rightful benefits before or after termination of armed service.

"(10) To maintain an information service to county and city service officers for the necessary dissemination of material pertaining to all phases of veterans' rehabilitation and service work, including information necessary to inform veterans of the protections provided by Section 31-5-4."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Veterans

Veterans' Affairs, State Department of

Armed Forces

National Guard

Discrimination

Code Amended