Uniformed Services Employment and ReEmployment Rights Acts (USERRA)

The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal anti-discrimination law that provides that most military personnel must be returned to their jobs when returning from serving in the military, and it also prohibits discrimination based on an employee’s military service.

 

The USERRA defines the term “Uniformed Services” broadly, and applies to members of the Army, Navy, Air Force, Marines, Coast Guard, and Public Health Service commissioned corps, as well as reservists in each of these branches. The types of service which are covered by USERRA are active duty, active and inactive training, funeral honors duty, and absences for securing required fitness for duty paperwork.

 

USERRA generally prohibits discrimination against covered service members in initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of membership in a uniformed service application for membership, the performance of service, application for service, or obligation. The law also has a broad retaliation provision. USERRA also requires employers to reemploy returning service members under specific circumstances. If you are a service member in need of an attorney, Worth Jarrell has experience handling these types of claims.