What is USERRA and Who Does It Protect?
While some types of employment laws are discussed with relative frequency, such as federal laws like Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA), or state laws like the Florida Civil Rights Act (FCRA), there are additional laws that provide employment-related protections for particular kinds of job applicants or employees. Many of these laws include prohibitions against discrimination and can allow the affected job applicant or employee to file a claim in order to seek a remedy. One such federal law is the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).
What is the USERRA and who does it protect against discrimination? Our Palm Beach Gardens discrimination attorneys can explain in more detail.
What is USERRA?
The USERRA is a federal law that “ensures that servicemembers can return to their civilian jobs after they finish military service obligations,” and it also prohibits forms of discrimination, according to the US Department of Justice. Former servicemembers have the right under this law to return to their jobs with the same seniority, status, and rate of pay that would have had if they had remained continuously employed (without breaking to complete military service). Former servicemembers also can expect employers to reinstate health benefits and make reasonable efforts to ensure that a returning servicemember gets up to date on trainings or qualifications they need for reemployment purposes.
This law covers servicemembers who engaged in voluntary and involuntary military service, including those who served in wartime and peacetime. Unlike other federal laws that prohibit discrimination against job applicants and employees, the USERRA applies to nearly all civil employers, private and public — it does not matter how many employees the employer currently has. Generally speaking, all employers are covered with few exceptions.
How USERRA Prohibits Discrimination
The USERRA prohibits employers from discriminating against job applicants or employees on the basis of their military service. This federal law prohibits the following:
- Discrimination in hiring, promotion, and retention on the basis of a job applicant’s or employee’s past, present, and future military service; and
- Retaliation against a person who exercised their rights under the USERRA or agreed to be involved in a USERRA investigation or lawsuit (even if the person is not a former servicemember and does not have any connections to military service).
If you believe you have faced discrimination in the job application process or in your employment as a result of your past or present military service, or if you have faced retaliation in connection with a USERRA claim, it is important to seek legal advice.
Contact Our Palm Beach Gardens Employment Lawyers
Employment laws concerning former servicemembers can be complicated, but it is important to know that you can seek legal help with any concerns you have about discrimination or other violations of your rights under federal law. One of the experienced Palm Beach Gardens employment law attorneys at Sconzo Law Office can speak with you today to learn more about your case and to provide you with more information about your options for filing a claim. Contact us today for additional information.
Source:
justice.gov/sites/default/files/crt/legacy/2011/12/23/USERRA_Statute.pdf
