Litigating Claims Under the Uniformed Services Employment and Reemployment Rights Act
Publication Name: The Employee Advocate
Publication Date: 01-Oct-2010
Primary TELG Authors: Adam Augustine Carter
Secondary TELG Authors: R. Scott Oswald
I. Introduction
The Uniformed Services Employment and Reemployment Rights Act (USERRA), codified at 38 U.S.C. §§ 4301 to 4335, is a federal law that provides reemployment rights to returning members of the uniformed services. USERRA differs from other laws prohibiting discrimination in employment in the breadth and potency of protections it offers, both in mandating reemployment and in prohibiting discrimination and retaliation. This article provides an overview of the expansive protections and remedies available under USERRA, and offers strategies to effectively litigate USERRA claims.
