Uniformed Services Employment and Reemployment Rights Act (civil enforcement in certain contexts)
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The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that protects the civilian employment and reemployment rights of military service members and veterans, prohibiting workplace discrimination based on military service and ensuring their prompt reinstatement to civilian jobs after duty.
Aliases (3)
Statements (50)
| Predicate | Object |
|---|---|
| instanceOf |
United States federal statute
→
employment law → veterans’ rights law → |
| abbreviation |
USERRA
→
|
| allows |
Department of Justice civil suits on behalf of service members
→
Office of Special Counsel to bring enforcement actions for federal employees → private civil actions by service members → |
| appliesTo |
United States military veterans
→
United States service members → civilian employers → employers regardless of size → federal government agencies → local government employers → private sector employers → state government employers → |
| authorizesRemedy |
back pay
→
liquidated damages for willful violations → lost benefits → reinstatement → |
| citation |
38 U.S.C. §§ 4301–4335
→
|
| covers |
National Guard duty under federal authority
→
active duty → active duty for training → inactive duty training → initial active duty for training → involuntary military service → voluntary military service → |
| enforcedBy |
Merit Systems Protection Board
→
Office of Special Counsel → United States Department of Justice → United States Department of Labor → Veterans’ Employment and Training Service → |
| jurisdiction |
United States
→
|
| permits |
state laws that provide greater protections than USERRA
→
|
| preempts |
state laws that limit USERRA rights
→
|
| prohibits |
employment discrimination based on military service
→
retaliation for exercising USERRA rights → |
| protects |
civilian employment rights of service members
→
reemployment rights of service members → |
| provides |
administrative remedies through the Department of Labor
→
civil enforcement actions in federal court → civil enforcement before the Merit Systems Protection Board for federal employees → |
| purpose |
to encourage noncareer service in the uniformed services by minimizing disadvantages to civilian careers
→
to ensure prompt reemployment of service members upon completion of service → to prohibit discrimination based on military service in employment → |
| requires |
maintenance of certain pension benefits during military service
→
maintenance of seniority rights during military service → prompt reemployment after military service → reasonable efforts by employers to qualify returning service members for reemployment → reemployment in the position the person would have attained but for military service → |
Referenced by (6)
| Subject (surface form when different) | Predicate |
|---|---|
|
Uniformed Services Employment and Reemployment Rights Act
("USERRA")
→
|
abbreviation |
|
Employment Litigation Section
("Uniformed Services Employment and Reemployment Rights Act (USERRA) (for certain employers)")
→
|
enforces |
|
Civil Rights Division
→
|
legalAuthority |
|
Employer Support of the Guard and Reserve
("Uniformed Services Employment and Reemployment Rights Act")
→
|
legalFramework |
|
Vietnam Era Veterans’ Readjustment Assistance Act of 1974
("Uniformed Services Employment and Reemployment Rights Act")
→
|
relatedTo |
|
Employer Support of the Guard and Reserve
("USERRA")
→
|
usesAbbreviation |