Are Veterans a Protected Class?
Getting familiar with what is considered a protected class is very important for a lot of people. These are engrained pieces of our laws that effect many part of people’s everyday lives, particularly in regards to employment and housing professionals. One class that comes often since it isn’t always part of that list is veteran status. Are veterans a protected class? That actually depends on a number of different factors.
Our property services company involves knowing all there is when it comes to protected classes from one state to another, particularly when it comes to housing and rental laws. It is good to break down and look closer at specific ones, since many people who belong to these categories of people want to know just what their rights are. Let’s dive deeper into this particular question, are veterans a protected class, and look at it from the perspective of the different scenarios it might apply.
Table of Contents
- Are Veterans a Protected Class in General?
- Are Veterans a Protected Class in Housing?
- For Owners and Landlords – Let Property Managers Help
Are Veterans a Protected Class in General?
Veterans hold a unique place when it comes to legal protections… they aren’t always listed as a protected class in the same clear-cut way you’d see with race, religion, or gender. But that doesn’t mean they’re left out. In fact, protections for veterans and military service members pop up in different ways depending on what you’re talking about. When we’re talking about “protected classes” we often are talking about employment or housing, and in both cases there can be state-by-state variations. There’s not one universal label slapped on everywhere, but across many parts of the country, being a veteran or active-duty service member does bring with it some level of legal coverage and support. It’s just a little patchwork, and knowing where those protections come from is part of understanding how it all works.
When it comes to employment, veterans and service members are indeed protected under federal law, especially through the Uniformed Services Employment and Reemployment Rights Act (USERRA). That law makes it illegal for employers to discriminate against someone because of their military service or obligations. On top of that, the Equal Employment Opportunity Commission (EEOC) has reinforced these protections, reminding employers that firing, refusing to hire, or treating someone differently because they’re a veteran or serving in the military is a no-go. Some states even layer on extra protections of their own, so while it starts federally, it can go further depending on where you live.
Housing, however, is a different story. Veterans and military members aren’t specifically listed under the federal Fair Housing Act as a protected class the way race or disability status is. But it isn’t settled there… there are still protections in place. Many states do treat military status as a protected class in housing, and some cities have their own ordinances that make it illegal to discriminate against someone because they’re a veteran. On top of that, veterans using VA loans or other assistance programs are sometimes shielded from discrimination indirectly. Landlords can get into legal hot water if they deny someone simply for using that type of support. So even though the federal law doesn’t name them outright, there are definitely rules in place to try and keep things fair for vets looking for housing.
Are Veterans a Protected Class in Housing?
Veterans may not be listed outright under the federal Fair Housing Act, but that doesn’t mean they’re left completely out in the cold when it comes to housing protections. For example, each state whether it be Florida law or Georgia discrimination law has their own words on the matter. In fact, a combination of state laws, local ordinances, and federal programs all work together to provide some solid guardrails for vets navigating rental and homebuying situations. One key thing to know is that while landlords on a federal level can’t discriminate based on source of income (in some states), they also can’t single out veterans for using benefits like VA housing assistance. And in many parts of the country, being a veteran or active-duty service member actually does qualify as a protected class under state or city fair housing laws. So even though the Fair Housing Act doesn’t name veterans directly, plenty of other laws fill in some of those gaps.
State-Level Protections – Some states explicitly include “military status” or “veteran status” as protected classes in housing law. These include California, Illinois, New York, Washington, and Oregon, among others. In these states, it’s illegal for landlords to discriminate based on a tenant’s background in the military. You would want to look at those particular laws to see what they say. Here is where we break down Georgia’s protected classes.- VA Housing Vouchers and Loans – Refusing to rent to someone because they’re using VA support can be considered discrimination under certain state or local laws, especially if those places also protect against source-of-income bias.
- Protections Under the Servicemembers Civil Relief Act (SCRA) – This federal law offers active-duty military members (many of whom are also veterans) special protections, including the right to terminate leases early without penalty under certain conditions.
- Local Ordinances – Some cities, like Chicago and San Francisco, go even further than their states, making it illegal to refuse housing to someone based on military history or affiliation.
- Disability Status for Veterans – Many veterans qualify as having a disability due to service-connected issues. In that case, they are directly protected under the Fair Housing Act’s disability provisions, which can include the right to reasonable accommodations or modifications in housing.
State-Level Protections – Some states explicitly include “military status” or “veteran status” as protected classes in housing law. These include California, Illinois, New York, Washington, and Oregon, among others. In these states, it’s illegal for landlords to discriminate based on a tenant’s background in the military. You would want to look at those particular laws to see what they say. Here is where we break down For Owners and Landlords – Let Property Managers Help
When it comes to the housing part of things, it’s best to avoid discrimination by treating all applicants fairly and equally… and knowing your own laws regarding all things housing related, including protected classes. Regardless of where your rental is located, you will likely meet all kinds of different people in your quest to fill your vacant rental home. That’s why sometimes it is best to employ a local property management company. That way, they can take on the task of managing your rentals to avoid serious matters such as discrimination.
With knowledgeable staff on hand who are always up to date with the most current landlord-tenant housing laws, you will have the peace of mind that none of your potential tenants will experience the harsh reality of discrimination. Look to Bay Property Management Group. We are your friendly property management company in Alpharetta and Atlanta areas, as well as throughout Texas, Massachusetts, Maryland, Washington D.C., and other regions.
