AS MILITARY TROOPS CONTINUE TO BE DEPLOYED TO IRAQ, AFGHANISTAN, AND OTHER AREAS, OVERSEERS NEED TO UNDERSTAND THE LEGAL ASPECTS OF THE EMPLOYER OBLIGATIONS FOR MILITARY WORKERS.
This post will provide a general overview of the laws that govern the employers obligations for military workers.
First, unlike many other federal employment laws, the Uniformed Services Employment and Re-Employment Rights Act of 1994 applies to employers of all sizes. The law protects service members’ reemployment rights when returning from a period of service in the uniformed services, including those called up from the reserves or National Guard, and prohibits employer discrimination based on military service or obligation.
Employer Obligations for Military Workers
USERRA prohibits employment discrimination against a person on the basis of past military service, current military obligations, or intent to serve. An employer must not deny initial employment, reemployment, retention in employment, promotion, or any benefit of employment to a person on the basis of a past, present, or future service obligation.
In addition, an employer must not retaliate against a person because of an action taken to enforce or exercise any USERRA right or for assisting in an USERRA investigation.