Employment protections for military members have existed since before the United States entered World War II, and have grown over time as the role of the Guard and reserve expanded in the nation’s military strategy. Originally, the Selective Training and Service Act of 1940, ensured that citizens drafted for military service would be able to return to their original job, or one with similar seniority, status, and pay, once their military service concluded. However, those employment protections did not apply to volunteers, reservists, or members of the Guard. Additionally, it only protected draftees employed in the private sector or in civilian federal government positions, but not those employed by state or local governments.
While there were subsequent revisions to the Selective Training and Service Act after World War II, no significant changes to military employment discrimination laws occurred until the end of the conflict in Vietnam. The Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) of 1974 included specific discrimination protections for Vietnam veterans, and generally to all servicemembers – including reservists and the Guard – and required state and local governments to adopt and enforce existing reemployment protections. It also required federal contractors and subcontractors to maintain standards for the employment of veterans, including protections for disabled veterans.
After the Vietnam war, changes in United States defense policy led to the end of the draft and the shift to an all-volunteer military force. This strategy, known as the “Total Force Policy,” sought an increase to both the role and size of the military’s Guard and reserve component, so they would be an operationally capable force alongside its active counterpart. However, the Total Force Policy presented a challenge in the context of civilian employment, because it would require a larger Guard and reserve component. So, the Department of Defense and Department of Labor established an interagency task force to review existing military employment discrimination laws to consider what improvements may be needed to recruit and sustain a ready and capable Guard and reserve component.
Shortly after the Gulf War, the interagency task force presented their findings to Congress, and the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) was signed into law. USERRA has since been amended to enhance protections of servicemembers.
In its current form, USERRA provides military employment discrimination protections to servicemembers in several ways. Generally, USERRA prohibits employers from taking adverse actions against employees based on their military service. In other words, an employer cannot deny employment, reemployment after a period of military service, promotion, or benefits of employment to an employee because of their military service
Determining whether a USERRA violation occurred requires a detailed review of the underlying facts of the situation. If you are concerned that your employer discriminated against you because of your military service in violation of USERRA and would like to schedule a free consultation, click here.
