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Can the ADA Prevent a Medical Discharge?


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When service members face serious illness or injury, one question often comes up: Can the Americans with Disabilities Act (ADA) protect me from being discharged from the military?


The short answer: No—the ADA does not apply to active-duty military service. But that’s not the end of the story.



Why the ADA Doesn’t Apply During Active Service


The ADA, passed in 1990, is a landmark civil rights law that protects civilians from discrimination based on disability. It requires employers to provide reasonable accommodations so that qualified individuals can keep their jobs.


But Congress specifically exempted the U.S. military from the ADA. The rationale was that military readiness requires different standards than civilian workplaces. A soldier who cannot deploy or fulfill their duties may be deemed “unfit,” regardless of whether they could still contribute in another capacity.


That decision leaves many service members vulnerable: once injured, they are often processed through the Disability Evaluation System (DES) and medically discharged, even if they still have valuable skills to offer.



What Happens After Discharge


While the ADA doesn’t protect active-duty personnel, it does protect veterans once they transition to civilian life. Veterans are covered in employment, public services, and housing just like any other American with a disability.


Other laws also step in, such as:

USERRA (Uniformed Services Employment and Reemployment Rights Act): Protects reemployment rights after leaving military service.

Department of Veterans Affairs (VA): Provides disability ratings, benefits, and rehabilitation services.



Why This Matters


The gap between military policy and civilian protections is at the heart of reform campaigns like Reasonable Ranks. In the civilian world, an injured employee may be reassigned to a less strenuous role. In the military, discharge is often the default.


Organizations like Covenant of Courage demonstrate that accommodation is possible. Veterans who can’t deploy still thrive as mentors, instructors, and leaders when given the chance. This model shows how the military could evolve—retaining talent instead of discarding it.



The Bottom Line


The ADA cannot prevent a medical discharge while you are serving. But that doesn’t mean the conversation is over. By raising awareness, advocating for reform, and proving accommodation works, we can build a future where no warrior is told their mission is over simply because of injury.


🖊 Sign the petition: https://chng.it/5yXYvkBtMR

🌐 Learn more: www.covenantofcourage.com

 
 
 

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