USERRA, enacted October 13, 1994, protects the rights of military service members to be reemployed after military service, including service in the Guard or Reserve. It also prohibits discrimination based on military service and protects employee benefits during military leave and training obligations for employers under certain circumstances. The U.S. Department of Labor’s Veterans’ Employment and Training Service (VETS) administers USERRA. The National Committee for Employer Support of the Guard and Reserves (ESGR), a Department of Defense agency, provides USERRA resources, education, and consultation for employers and employees and offers informal mediation services for employer and employee disputes relating to employment and military service. In FY 2018, ESGR volunteers engaged 95,229 employers and 268,662 servicemembers, in outreach regarding rights and responsibilities under USERRA.
After September 2011, the number of individuals called to active duty to overseas service increased. Many American soldiers served more than one tour of duty in the Middle East and Afghanistan. Employers were more regularly confronted with USERRA issues. Ironically, the federal government has historically been one of the biggest violators of the law. DOL statistics from fiscal year 2011 showed that more than 18% of...
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