employer support of reservists in the u.s. major general andrew davis u.s. marine corps (retired)...
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EMPLOYER SUPPORTOF RESERVISTS IN THE U.S.Major General Andrew DavisU.S. Marine Corps (Retired)Executive DirectorReserve Officers Association of the United States
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UNIFORMED
SERVICES
EMPLOYMENT AND
REEMPLOYMENT
RIGHTS
ACT
USERRA
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USERRA Basics• Enacted in 1994
• USERRA stands for the Uniformed Services Employment and Reemployment Rights Act
• Law applies to almost all employers in the U.S. as well as U.S. employers all over the world
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An Internationally Unique Law• U.S. only nation with such a law
• Requires civilian employers to accommodate military training and service
• Forbids employment discrimination of any kind based on military status or service
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Employer Obligations Under USERRA• Employer cannot prevent employee from serving
• Employer must put person back to work
• Employer forbidden to discriminate, including in hiring
• Employer must provide increases in benefits and status at the time of reemployment as if the deployment never occurred (Escalator Principle)
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Service Member Obligations Under USERRA
• Employee must provide advance notice of service
• Employee may not serve for more than five years on active duty (with some exceptions.)
• Employee must return to work in a timely manner following service
• Employee must now not been separated from service with a disqualifying discharge or under other than honorable conditions
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A Growing Trend of Discrimination• Unemployment among U.S. Reserve personnel is three-times the national average
• To avoid obligations mandated by USERRA many employers simply refuse to hire Reservists
• This new form of “stealth discrimination” can be difficult to prove
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ROA’s Service Members Law Center• Free legal assistance for all U.S. military personnel
• Provides direct assistance, personalized case analysis and an extensive law review library
• The United States’ only legal assistance resource dedicated to advising and informing Reserve service personnel
• Currently assisting thousands of Reservists each month
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5 Things to Know About USERRA