Uniformed Service Employment

The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law, passed in 1994, that protects military service members and veterans from employment discrimination on the foundation of their service, and allows them to reclaim their civilian jobs following a period of uniformed service. USERRA applies to members of the Armed Forces, Reserves, National Guard, and other “Uniformed Services” (including the National Disaster Medical System and the Commissioned Corps of the Public Health Service). The law ensures that service members:

1. Are not disadvantaged in their civilian careers because of their military service;

2. Are promptly re-employed in their civilian jobs upon return from duty;

3. Are not discriminated against

Since 1940, there has been such a law, known as the Veterans ' Reemployment Rights (VRR). On October 13, 1994, President Clinton signed the Uniformed Services Employment and Reemployment Rights Act -- a comprehensive revision of the VRR; USERRA became fully effective December 12, 1994, and is contained in Title 38, United States Code, at chapter 43. (Sections 4301 through 4333) USERRA explains and strengthens the Veterans ' Reemployment Rights (VRR) Statute by protecting civilian job rights and benefits for veterans, members of reserve components, and even individuals activated by the President of the United States to provide Federal Response for National Emergencies. USERRA also makes major improvements in protecting service member rights and benefits by clarifying the law, improving enforcement mechanisms, and adding Federal Government employees to those employees already eligible to receive U.S. Department of Labor assistance in processing claims of noncompliance. (U.S. Dept. of Justice,

USERRA applies to voluntary as well as involuntary military service, in peacetime as well as wartime. However, like the VRR law, USERRA does not apply to state call-ups of the National Guard for disaster relief, riots, etc. The governor of each state can call the state 's Army and Air National Guard units to active duty to help respond to domestic emergencies and disasters, such as those caused by hurricanes, floods, and earthquakes. If additional help is needed, a governor can request federal assistance through the Federal Emergency Management Agency (FEMA). With a presidential declaration of disaster, FEMA 's federal assistance can include additional military support from DOD (both active duty and reserve forces). Any protection for such duty must be provided by the laws of the state or territory involved. (Section