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ARTICLE · 07 JANUARY 2013

Legislation Provides For Greater USERRA Enforcement

On September 12, 2012, the United States Senate Committee on Veterans’ Affairs approved S. 3322, a piece of legislation that would strengthen enforcement of the Uniformed Services Employment and Reemployment Rights Act

United StatesEmployment and HR

On September 12, 2012, the United States Senate Committee on Veterans' Affairs approved S. 3322, a piece of legislation that would strengthen enforcement of the Uniformed Services Employment and Reemployment Rights Act ("USERRA").

USERRA bars discrimination against members of the uniformed forces because of their past, current, or future military obligations. It mandates, in part, that service members, reservists and National Guard members returning to civilian employment after a period of active duty must be reemployed in the same or similar job with the status, pay, and benefits they would have attained if they had never been absent for military duty. The statute also proscribes discrimination in hiring, promotion and termination practices and preserves workers' benefits. All employers, regardless of size, are subject to the requirements of USERRA.

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