Employers Must Be On Guard Against Discrimination Against Their Military Service Member Employees
The recent Memorial Day and Fourth of July holidays serve as important reminders of the debt of gratitude all Americans owe to the men and women who serve in the American military. Unfortunately, according to US military statistics, many returning reserve service members are facing violations of their employment rights.
These service members are protected by a federal law known as the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”). This law provides three primary protections to service members. The first is that anyone who serves or has served in any of the US military “uniformed services” are not to be placed at a disadvantage in their civilian jobs due to their military service. The second is that service members are to be reemployed in their civilian jobs promptly upon their return from active duty. The third is that service members are not to be discriminated against in their jobs due to past, present, or future service in the military.
American employers should be aware of these protections for any employee who serves in any of the US military “uniformed services,” and take proactive steps to ensure that the rights of military service members granted under USERRA are not violated. Service members who believe their rights under USERRA have been violated may file complaints with the US Department of Labor and the US Department of Justice. These employees may also file lawsuits in state and federal court against employers who violate USERRA.
Increased litigation is being reported on USERRA claims. A case has even reached the US Supreme Court, in which the service member claims that his supervisor systematically disregarded his military obligations by, among other things, repeatedly scheduling him for work during times when he was required to be present for reserve duties in the military. The service member was finally fired, and claims that it was due to his supervisor’s animus toward his military activities and obligations. (The service member was a veteran of Operation Iraqi Freedom, where he provided training to US Army soldiers and staff on establishing a radiology unit in combat conditions.) The US Supreme Court will hear arguments in this case in December of 2010.
Obviously, it can be difficult for businesses to operate and function when an employee has military service obligations. However, accommodating that employee is not only the right thing to do, it is required under federal law. Any business that has questions about its rights or obligations with respect to employees who serve in any US military “uniformed service,” should immediately seek competent legal counsel.
These service members are protected by a federal law known as the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”). This law provides three primary protections to service members. The first is that anyone who serves or has served in any of the US military “uniformed services” are not to be placed at a disadvantage in their civilian jobs due to their military service. The second is that service members are to be reemployed in their civilian jobs promptly upon their return from active duty. The third is that service members are not to be discriminated against in their jobs due to past, present, or future service in the military.
American employers should be aware of these protections for any employee who serves in any of the US military “uniformed services,” and take proactive steps to ensure that the rights of military service members granted under USERRA are not violated. Service members who believe their rights under USERRA have been violated may file complaints with the US Department of Labor and the US Department of Justice. These employees may also file lawsuits in state and federal court against employers who violate USERRA.
Increased litigation is being reported on USERRA claims. A case has even reached the US Supreme Court, in which the service member claims that his supervisor systematically disregarded his military obligations by, among other things, repeatedly scheduling him for work during times when he was required to be present for reserve duties in the military. The service member was finally fired, and claims that it was due to his supervisor’s animus toward his military activities and obligations. (The service member was a veteran of Operation Iraqi Freedom, where he provided training to US Army soldiers and staff on establishing a radiology unit in combat conditions.) The US Supreme Court will hear arguments in this case in December of 2010.
Obviously, it can be difficult for businesses to operate and function when an employee has military service obligations. However, accommodating that employee is not only the right thing to do, it is required under federal law. Any business that has questions about its rights or obligations with respect to employees who serve in any US military “uniformed service,” should immediately seek competent legal counsel.