What is 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 employees who serve in the U.S. Military, reserves, National Guard, and other uniformed services. USERRA was enacted in 1994 to promote the employment security of veterans and to ensure that those who serve their country are not disadvantaged in their civilian employment. Under USERRA, employers must not discriminate against employees on the basis of their past, current, or future military service. USERRA also requires employers to reemploy individuals who left their civilian job for uniformed service in a timely manner and under certain conditions. Furthermore, USERRA prohibits employers from retaliating against employees for exercising their rights under the law. In California, USERRA is enforced by the Department of Labor Standards Enforcement (DLSE). DLSE is responsible for investigating complaints filed by employees alleging discrimination or retaliation for military service. If DLSE finds that an employer violated USERRA, it can order the employer to take remedial action to correct the violation and may award back pay to the employee. USERRA is intended to ensure that all veterans and military personnel are able to serve their country and not have to worry about losing their job when they return to civilian life. It is important for employers and employees to be aware of their rights and obligations under USERRA.

Related FAQs

Are employers allowed to ask job applicants questions about their gender identity?
Are employers allowed to require job applicants to have a certain level of education or experience?
Are employers allowed to terminate employees for performance related issues?
Are employers allowed to ask job applicants questions about their sexual orientation?
Are there specific laws that make certain types of discrimination illegal?
What is the Age Discrimination in Employment Act (ADEA)?
Are employers allowed to set different standards or expectations for employees based on their political beliefs or affiliations?
Are employers allowed to require job applicants to provide proof of citizenship?
What is the legal definition of "harassment"?
What types of discrimination are prohibited by employment discrimination law?

What is the Uniformed Services Employment and Reemployment Rights Act (USERRA)?

Related FAQs

Related Blog Posts