The Truth About ADA Exemptions and Military Service
- Kirk Carlson
- Oct 1
- 2 min read
When it comes to disability rights, one of the most misunderstood areas is how the Americans with Disabilities Act (ADA) applies to service members in the U.S. military. Many assume that the ADA protects active-duty personnel in the same way it protects civilian employees. The truth is more complex—and it has significant consequences for those who serve.
What the ADA Covers
The ADA is a landmark civil rights law passed in 1990. It prohibits discrimination against individuals with disabilities in many areas of public life, including:
Employment
Public services and transportation
Access to businesses and public accommodations
For civilians, this means employers must provide reasonable accommodations to workers with disabilities, unless doing so would cause undue hardship.
Why the ADA Doesn’t Apply to Active-Duty Military
Active-duty service members are not covered under the ADA while serving. Instead, the Department of Defense (DoD) operates under its own Disability Evaluation System (DES) to decide whether a service member is “fit for duty.”
If a condition prevents someone from performing essential military tasks—especially deployment—the military can discharge them.
The ADA does not require the military to retain members who cannot perform their duties, even if they could be reassigned.
This exemption reflects the unique mission of the military, where combat readiness and deployment capabilities take precedence over workplace accommodations.
What Laws Do Protect Service Members and Veterans?
While the ADA doesn’t protect active-duty personnel, other legal safeguards do exist:
USERRA (Uniformed Services Employment and Reemployment Rights Act): Protects service members returning to civilian employment after duty, ensuring they can’t be fired without cause for a period of time.
Department of Veterans Affairs (VA): Provides benefits, compensation, and medical care for service-connected disabilities.
Post-Service ADA Coverage: Once a service member transitions into civilian life, the ADA applies fully—protecting them against disability-based discrimination in jobs, housing, and more.
Why This Matters
The gap between civilian ADA protections and military exemptions often leaves service members vulnerable. Many who could continue serving in modified or leadership roles are instead discharged prematurely. This not only impacts their careers, but also contributes to the struggles of reintegration, loss of identity, and higher suicide risk.
A Model for Reform
Organizations like Covenant of Courage are working to show what “reasonable accommodation” in the military could look like. Veterans who can no longer deploy are still thriving as:
Mentors in cadet leadership programs
Trainers in tactical fitness and resilience
Community advocates fighting for reform
Leaders in mental health and empowerment initiatives
This model demonstrates that service doesn’t have to end with discharge. With flexibility and support, veterans can continue their mission—just in a different form.
Conclusion
The ADA may not protect active-duty service members, but that doesn’t mean reform is impossible. By highlighting alternatives and pushing for policy changes, we can ensure that those who serve are not cast aside the moment their health changes.
Because true strength is not measured only in combat—it’s measured in the courage to adapt, to lead, and to keep serving in new ways.
🖊 Sign the petition: https://chng.it/5yXYvkBtMR
🌐 Learn more: www.covenantofcourage.com
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