Matt Purushotham
Tue, 12/28/2021
On December 8, 2021, the U.S. Department of Labor’s Veterans’ Employment and Training Service (VETS) and the U.S Department of Justice’s Civil Rights Division signed a Memorandum of Understanding “to reaffirm their commitment to administer and enforce the protections afforded to military service members and veterans by the Uniformed Services Employment and Reemployment Rights Act of 1994.” The two agencies collaborate in investigating, litigating, and resolving employment-related claims filed by servicemembers and veterans under USERRA.
USERRA entitles servicemembers to return to their civilian employment upon completion of their military service with the seniority, status, and rate of pay that they would have obtained had they remained continuously employed by their civilian employer. USERRA also prohibits discrimination based on present, past and future military service. The Attorney General has authority to bring lawsuits against private, state, and local government employers for violations of USERRA only upon receiving complaint referrals from VETS. Prior to referral, VETS investigates and attempts to resolve servicemember complaints. If the Attorney General is reasonably satisfied that the servicemember is entitled to relief, the Attorney General may commence an action in federal court on behalf of the servicemember. Among other changes, the new MOU permits VETS to expedite the referral of a USERRA claim to DOJ.
If you are an active duty servicemember or veteran who believes your employer has failed to properly return you to your civilian position following completion of military service or has discriminated against you on the basis of your military service, you may have a claim under USERRA. If you have questions about how this law affects, you can contact MSE at info@mselaborlaw.com.
