The Uniformed Services Employment and Reemployment Rights Act (USERRA) stands as a cornerstone of protection for U.S. military personnel and veterans in their civilian careers. Enacted in 1994, this federal law ensures that those who serve in the uniformed services are not penalized in their employment due to their military obligations. USERRA guarantees their right to return to their civilian jobs after completing a period of service.
Who is Covered Under the Uniformed Services Employment and Reemployment Rights Act (USERRA)?
USERRA’s broad protections extend to individuals serving in the “uniformed services.” This includes the Army, Navy, Air Force, Marine Corps, and Coast Guard, as well as the Reserves, National Guard, and other vital services like the National Disaster Medical System and the Commissioned Corps of the Public Health Service. This expansive definition highlights USERRA’s commitment to safeguarding all who dedicate themselves to serving the nation in uniform.
Key Protections Provided by USERRA
The Uniformed Services Employment and Reemployment Rights Act (USERRA) is built upon three core principles to shield service members:
- Protection Against Disadvantage: USERRA ensures that service members are not disadvantaged in their civilian employment concerning initial employment, reemployment, retention in employment, promotion, or any benefit of employment due to their military service.
- Right to Prompt Reemployment: Upon returning from uniformed service, USERRA mandates that service members are entitled to prompt reemployment in their civilian jobs, provided they meet certain eligibility criteria.
- Freedom from Discrimination: Employers are prohibited from discriminating against individuals based on their past, present, or future military service. This protection extends to all aspects of employment.
These provisions of the Uniformed Services Employment and Reemployment Rights Act (USERRA) apply uniformly to both public and private employers across the United States, ensuring comprehensive coverage.
Enforcement of USERRA and Filing a Complaint
Several government bodies are involved in upholding the Uniformed Services Employment and Reemployment Rights Act (USERRA). For federal employers, the Office of Special Counsel (OSC) plays a critical role in investigating potential violations, often after initial review by the Department of Labor. The Department of Labor (DOL), in conjunction with the Department of Justice, oversees USERRA claims against private employers and state and local government entities.
Individuals seeking to file a complaint under the Uniformed Services Employment and Reemployment Rights Act (USERRA) should begin by contacting the Department of Labor, Veterans Employment and Training Service (DOL-VETS). Furthermore, the Employer Support of the Guard and Reserve (ESGR), a Department of Defense agency, is a valuable resource for both service members and employers seeking guidance and assistance in resolving USERRA-related issues. ESGR offers informal mediation and support to prevent and address conflicts arising from military service obligations and civilian employment.
For further information or to initiate a USERRA complaint, contacting DOL-VETS or ESGR is the recommended first step.
