Military Status Discrimination

The US congress passed a law that prohibits employers from employment practices that have an adverse impact on veterans or armed forces reserve members. The Uniformed Service Employment and Reemployment Rights Act (USERRA) prohibits denial of promotions, re-employment, or hiring with regard to veterans.

The purpose of USERRA is to provide veterans returning to the workforce after military service freedom from discrimination in the workplace and the ability to return to their former employment status and benefits. There are requirements for veterans to qualify. For instance, the total length of absences from employment must be less than five years (subject to certain exceptions). Upon discharge from the military, a veteran must apply for reemployment within a specific period of time based on their length of service. Disable vets have two years to return to their prior employment, and for those vets, employers must make reasonable efforts to accommodate them to assume their former job status.

Employers can place a veteran in a new position so long as it is comparable to the previous job description. Under USERRA, veterans can elect to continue their worker benefits for up to two years after deployment in the military. Employees serving in the military must provide employers with written notice of their entry into the military. Any member of the Army, Navy, Air Force, Marines, Army/Air National Guard, or commissioned corps of Public Health Service are protected under USERRA. Certain others in military training programs on active duty are protected as well.

Protections include veterans who experience the following:

• A veteran who is denied reemployment or promotion, or is demoted or terminated because of their military service.
• A veteran who receives less benefits, opportunities for advancement or equal treatment compared to non-military employees.
• A veteran returning from active duty who is denied a reemployment opportunity with a former employer, or is hired at less pay and benefits.
• A veteran with an injury or disability while in the service, and then is refused reemployment.
• A veteran who is unfairly treated or harassed for any reason related to military service.

The law firm of Tarshish Cody PLC will vigorous defend the rights of veterans under USERRA. Contact our attorneys and schedule a free initial consultation. Call 952-361-5556 (or fill out the free case evaluation form below).

Attorney Practicing In This Area

Kyle Kosieracki