Uniformed Services Employment and Reemployment Rights Act (USERRA)

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Who, What, Why . . . Who does it apply to: Every employer who receives an application for employment from a service member, employs a service member, or may reemploy a service member. What is the purpose of the law: It is designed to prevent discrimination by employers against service members based on their service, and protect the rights of service members upon return from service to return to their jobs.

Who are considered “service members”: Any person on active duty, active duty training, inactive duty training, or an applicant for one of these categories in one of the following organizations: Army, Navy, Air Force, Marines, Army National Guard, Air National Guard, Coast Guard, or the Public Health Service corps. How does the discrimination protection work: Employers are not permitted to discriminate against a service member based on the fact that they are a service member in any significant aspect of employment.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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