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Steve Erdman

Sen. Steve Erdman

District 47

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Straight Talk From Steve…
October 31st, 2022

Veterans Day is November 11. Veterans Day is a special day Americans set aside every year to honor those who have served our country faithfully in the armed forces. However, Veterans Day does not end on November 12. Honoring our veterans is something that should be done every day.

Unfortunately, not all Americans see it this way. In recent years there has been a surge in discrimination cases against our military personnel, so today I would like to take some time to expose what has been going on and offer some insight about how to counter it.

The last place one would ever expect to find discrimination against military personnel and veterans is in the military, yet that is what is occurring right here in Nebraska! The U.S. Air Force has been ordered to pay David Bighia of Bellevue, a 16-year Army Reserve veteran, one million dollars plus back pay and lawyer’s fees by November 29 for unlawfully denying him a job as a military historian.

Bighia’s finances have been completely destroyed. An EEOC judge ruled back in December of 2021 that the U.S. Air Force violated the Rehabilitation Act of 1973 when it reneged on a job offer and refused to make “reasonable accommodation” for Bighia’s medical condition. Although Bighia won his lawsuit, the U.S. Air Force decided to stall on paying him out even though a second judge ruled in Bighia’s favor in June of this year. As a result, Bighia’s house, which he purchased with a VA loan, is in foreclosure and he has had to file for bankruptcy.

The situation is worse with civilian employers. Between 2004 and 2020 the Justice Department filed 109 lawsuits against civilian employers for discriminating against military personnel. Walmart settled a class action suit for $14 million in 2021. During this same period hundreds of more complaints were filed with the U.S. Justice Department under the Uniform Services Employment and Reemployment Rights Act of 1994.

Employers have been paying out millions of dollars in recent years in order to settle these cases out of court, and it has cost the federal government hundreds of thousands of dollars to defend our military personnel and veterans. According to Diedre Brou, an assistant U.S. attorney for the Justice Department’s Service Members and Veterans Initiative, 80 percent of these cases get resolved informally while other employers choose to dig in their heels and fight. Unfortunately, some employers have found that it is more lucrative to discriminate against our military personnel and veterans than to abide by the law, and that is just unamerican.

Those who get deployed to defend our country should not have to face discrimination at home. So, if you are a serviceman or servicewoman who has been discriminated against in the workforce because of your military status, know that help is available. The place to begin is at the U.S. Department of Justice. Just visit their website at: https://www.justice.gov/servicemembers/how-we-can-help.

When you see a soldier or a veteran this week remember to thank him or her for their service to our country. Without their service in the armed forces none of us would be free. They protect our way of life. There is no one more noble in America than the one who has risked both life and limb for the cause of our country. Remember this about our veterans: All gave some, but some gave all.

Sen. Steve Erdman

District 47
Room 1124
P.O. Box 94604
Lincoln, NE 68509
(402) 471-2616
Email: serdman@leg.ne.gov
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