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Uniformed Services Employment Reemployment Rights Act (USERRA) Element 19

Uniformed Services Employment Reemployment Rights Act (USERRA) Element 19. Discrimination Defined Under USERRA. Generally means any adverse action taken by an employer based upon an employee’s military status or obligations

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Uniformed Services Employment Reemployment Rights Act (USERRA) Element 19

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  1. Uniformed Services Employment Reemployment Rights Act (USERRA) Element 19

  2. Discrimination Defined Under USERRA • Generally means any adverse action taken by an employer based upon an employee’s military status or obligations • No employer may deny a person initial employment, reemployment, retention in employment, promotion, or any benefit of employment based on the person’s membership, application for membership, performance of service, application to perform service, or obligation for service in the uniformed services.

  3. Discrimination Under USERRA • USERRA prohibits an employer from engaging in acts of discrimination against past and present members of the uniformed services, as well as applicants to the uniformed services. • The anti-discrimination prohibition applies to both “employers” and “potential employers.”

  4. Who is Covered? • Prospective members of the U.S. armed services; • Current members of the U.S. armed services; • Past members of the U.S. armed services (veterans); • Reserve components (Reserve, National Guard); and • National Disaster Medical Service (NDMS) personnel

  5. Character of service • A person's entitlement to the benefits of this chapter by reason of the service of such person in one of the uniformed services terminates upon the occurrence of any of the following events: • (1) A separation of such person from such uniformed service with a dishonorable or bad conduct discharge. • (2) A separation of such person from such uniformed service under other than honorable conditions, as characterized pursuant to regulations prescribed by the Secretary concerned. • (3) A dismissal of such person permitted under section 1161(a) of title 10. • (4) A dropping of such person from the rolls pursuant to section 1161(b) of title 10.

  6. Establishing a Claim • ‘‘Military status is a motivating factor if the employer relied on, took into account, considered, or conditioned its decision on that consideration.’’

  7. Questions????https://www.dol.gov/vets/usc/vpl/usc38.htm#4303

  8. Questions……. • Can the employee use earned vacation days to cover military service? • What is the timeframe limit that USERRA cover? • What is the timeframe a person has to report back to work or reapply for reinstatement? • What is an employer required to provide to a returning service member upon reemployment?

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