EMPLOYER SUPPORTOF RESERVISTS IN THE U.S.Major General Andrew DavisU.S. Marine Corps (Retired)Executive DirectorReserve Officers Association of the United States

UNIFORMED

SERVICES

EMPLOYMENT AND

REEMPLOYMENT

RIGHTS

ACT

USERRA

USERRA Basics• Enacted in 1994

• USERRA stands for the Uniformed Services Employment and Reemployment Rights Act

• Law applies to almost all employers in the U.S. as well as U.S. employers all over the world

An Internationally Unique Law• U.S. only nation with such a law

• Requires civilian employers to accommodate military training and service

• Forbids employment discrimination of any kind based on military status or service

Employer Obligations Under USERRA• Employer cannot prevent employee from serving

• Employer must put person back to work

• Employer forbidden to discriminate, including in hiring

• Employer must provide increases in benefits and status at the time of reemployment as if the deployment never occurred (Escalator Principle)

Service Member Obligations Under USERRA

• Employee must provide advance notice of service

• Employee may not serve for more than five years on active duty (with some exceptions.)

• Employee must return to work in a timely manner following service

• Employee must now not been separated from service with a disqualifying discharge or under other than honorable conditions

A Growing Trend of Discrimination• Unemployment among U.S. Reserve personnel is three-times the national average

• To avoid obligations mandated by USERRA many employers simply refuse to hire Reservists

• This new form of “stealth discrimination” can be difficult to prove

ROA’s Service Members Law Center• Free legal assistance for all U.S. military personnel

• Provides direct assistance, personalized case analysis and an extensive law review library

• The United States’ only legal assistance resource dedicated to advising and informing Reserve service personnel

• Currently assisting thousands of Reservists each month

5 Things to Know About USERRA