Decoding the Uniformed Services Employment and Reemployment Rights Act (USERRA)

The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that protects the rights of veterans and reservists in the workplace. It was enacted in 1994 and is enforced by the Department of Labor’s Veterans’ Employment and Training Service (VETS). USERRA is designed to ensure that veterans and reservists are not discriminated against in the workplace and that they have the right to return to their civilian jobs after serving in the military.

What Does USERRA Do?

USERRA protects the rights of veterans and reservists in the workplace. It prohibits employers from discriminating against veterans and reservists in hiring, promotion, and other employment decisions. It also ensures that veterans and reservists have the right to return to their civilian jobs after serving in the military.

USERRA also provides job protection for veterans and reservists who are called to active duty. It requires employers to provide up to five years of job protection for veterans and reservists who are called to active duty. During this time, employers must hold the veteran’s or reservist’s job open and must provide the same or a similar job when the veteran or reservist returns from active duty.

Who is Covered by USERRA?

USERRA applies to all employers, regardless of size. It also applies to all veterans and reservists who have been called to active duty, regardless of length of service.

What Rights Does USERRA Provide?

USERRA provides a number of rights to veterans and reservists. These include:

• The right to be free from discrimination in hiring, promotion, and other employment decisions.
• The right to return to their civilian jobs after serving in the military.
• The right to receive the same or a similar job after returning from active duty.
• The right to receive up to five years of job protection while on active duty.
• The right to receive the same benefits and pay as other employees.
• The right to receive training and other assistance to help them transition back into their civilian jobs.

What Are the Penalties for Violating USERRA?

Employers who violate USERRA can face a number of penalties. These can include:

• Civil penalties of up to $10,000 per violation.
• Back pay and other damages for the veteran or reservist.
• Reinstatement of the veteran or reservist to their job.
• Reimbursement of attorney’s fees and costs.

How Can Veterans and Reservists Enforce Their Rights Under USERRA?

Veterans and reservists who believe their rights under USERRA have been violated can file a complaint with the Department of Labor’s VETS office. VETS will investigate the complaint and, if necessary, take action to enforce the law.

Veterans and reservists can also file a lawsuit in federal court to enforce their rights under USERRA. In such cases, the court can award damages, attorney’s fees, and other remedies.

Conclusion

USERRA is a federal law that protects the rights of veterans and reservists in the workplace. It prohibits employers from discriminating against veterans and reservists in hiring, promotion, and other employment decisions. It also ensures that veterans and reservists have the right to return to their civilian jobs after serving in the military.

Employers who violate USERRA can face a number of penalties, including civil penalties, back pay, and other damages. Veterans and reservists who believe their rights under USERRA have been violated can file a complaint with the Department of Labor or file a lawsuit in federal court.