What is the Uniformed Services Employment and Reemployment Rights Act?

The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal civil rights law that protects service members from being discriminated against in the workplace. This law was passed in 1994 and applies to California employers with more than 20 employees. USERRA gives service members the right to be reemployed after they leave their civilian job to perform military duties. To qualify for reemployment rights, service members must have served on active duty in the military for 180 days or less. This includes National Guard and Reserve duty and active duty for training. Under USERRA, service members are also protected from discrimination in hiring, pay, promotion, and job training. It is illegal for employers to deny returning service members of the same or a higher position than what they had before they left for duty. USERRA also protects service members from being retaliated against for taking military leave. Employers may not discriminate against service members for exercising their rights under the law. In California, USERRA applies to all employers with 20 or more employees. This includes state, local, and federal government employers. Private employers are also subject to USERRA. USERRA serves to protect service members from discrimination and to ensure their reemployment rights are not denied. It helps to ensure that service members returning from active duty can continue to provide for themselves and their family or pursue educational goals when their service ends.

What is the Uniformed Services Employment and Reemployment Rights Act?

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