Reasonable Accommodation for Service Members: The Legal Gap No One Is Talking About
- Kirk Carlson
- Oct 7
- 3 min read
By Covenant of Courage Legal Team – Veterans’ Rights Advocacy Division
The Legal Concept: What “Reasonable Accommodation” Means
Under the Americans with Disabilities Act (ADA), most U.S. workers are entitled to what the law calls reasonable accommodation—adjustments or changes that help a person with a disability perform their job without discrimination.
These may include:
Modified work schedules for medical appointments
Reassignment to another role when a condition limits performance
Physical modifications such as ramps, ergonomic furniture, or assistive devices
Permission for service animals or telework arrangements
For civilians, this right is protected and enforceable through the Equal Employment Opportunity Commission (EEOC). For federal employees, similar protections exist under the Rehabilitation Act of 1973.
But here’s the problem: active-duty service members are excluded.
Why the ADA Does Not Apply to the Military
When Congress passed the ADA in 1990, it explicitly excluded the U.S. Armed Forces from coverage. Section 12111(5)(B)(i) of the statute states that the term “employer” does not include the United States (insofar as it relates to the armed forces).
In plain terms:
A civilian employee at the Department of Defense can request reasonable accommodation.
A uniformed service member cannot.
This exclusion stems from the idea that military readiness and discipline require unique flexibility. Commanders must be able to assign, deploy, or reassign personnel instantly to meet mission needs, without being constrained by accommodation mandates.
However, this 20th-century reasoning no longer fits the 21st-century force.
The Reality: Injured Service Members Are Discharged, Not Accommodated
When a civilian worker is injured on the job, the law requires employers to explore accommodations before termination.
When a service member is injured or develops a medical condition, the Disability Evaluation System (DES) often moves them toward separation or medical retirement—even when accommodation or reassignment could preserve both the member’s livelihood and the military’s investment in their training.
Thousands of skilled service members—mechanics, analysts, cyber operators, pilots, medics—are administratively or medically discharged each year because their physical or mental conditions make them “non-deployable.”
Yet, many of these individuals could serve capably in stateside or support roles with minimal adjustment.
The result is predictable:
Financial instability while awaiting VA benefits.
Loss of purpose and identity.
Increased risk of homelessness, depression, and suicide.
Why This Is a Policy Failure, Not a Necessity
The notion that “readiness” and “accommodation” can’t coexist is outdated.
Modern military missions already depend on specialized, non-deployable expertise—cybersecurity, logistics, training, medical administration, and intelligence analysis.
If we can adjust equipment, software, and missions to meet changing global threats, we can adjust policies to protect our own people.
Moreover, Congress has already recognized that accommodation works—it mandates it for federal civilians, contractors, and even airport screeners.
The military is now the only major U.S. employer exempt from disability accommodation law.
How Reform Could Work
A practical reform framework would not compromise readiness. It would create a structured reassignment and accommodation pathway within each branch, supported by clear medical and legal oversight.
Possible solutions include:
Statutory Amendment: Congress could extend portions of the ADA or Rehabilitation Act to uniformed service members through a “Service Member Accommodation and Reassignment Act.”
Reassignment Corps: Each branch could establish internal reassignment programs to place medically limited members in support or training roles instead of separating them.
Transition Protection: Require that no medical separation occurs until an accommodation review is completed by a neutral board including medical, legal, and command representatives.
Command Training: Educate commanders on how to balance operational needs with humane personnel management—accommodation is not weakness; it’s leadership.
Moral and Legal Imperative
We cannot call it “supporting the troops” while discharging them for injuries sustained in service.
Reasonable accommodation for service members is not a privilege—it’s a matter of equal dignity under the law.
The Constitution promises equal protection, and the military ethos promises never to leave a comrade behind.
By creating an accommodation framework for those who served, we fulfill both.
The Covenant of Courage Position
Covenant of Courage and the #ReasonableRanks campaign are calling for:
Congressional hearings on ADA-equivalent rights for service members.
Department of Defense pilot programs for reassignment rather than discharge.
Collaboration between the VA, DoD, and advocacy organizations to track the long-term outcomes of medically separated personnel.
Our belief is simple:
Injured doesn’t mean incapable. Disabled doesn’t mean disposable.
Every service member deserves the same protection they fought to defend.
🖊 Sign the petition: https://chng.it/5yXYvkBtMR
🌐 Learn more: www.covenantofcourage.com
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