Uniformed Services Employment and Reemployment Rights Act (USERRA)

Uniformed Services Employment and Reemployment Rights Act (USERRA) (1994)

1) Link to the Text of the Act / Regs

2) Why It Was Done
To ensure people who leave civilian jobs for uniformed service can return to work with the same status, pay, and seniority they would have attained, and to prohibit discrimination or retaliation based on service obligations.

3) Pre-existing Law or Constitutional Rights
USERRA modernized and strengthened earlier reemployment laws (e.g., WWII/Korea-era statutes and the Veterans’ Reemployment Rights Act (VRRA) of 1974), clarifying benefits, seniority, and anti-discrimination protections.

4) Overreach or Proper Role?
Courts generally view USERRA as remedial and interpret it broadly for servicemembers. Employers sometimes argue administrative and staffing burdens in complex or long deployments, but the statute’s protections typically prevail.

5) Who or What It Controls

  • Private and public employers (including state/local governments)
  • Labor organizations (union membership/benefits)
  • Pension/benefit plans (seniority, accruals, health coverage continuation)

6) Key Sections / Citations

  • 38 U.S.C. §§ 4301–4335 (purpose, rights, enforcement, remedies)
  • 20 C.F.R. part 1002 (DOL regulations interpreting USERRA)

7) Recent Changes or Live Controversies
Active litigation continues over reemployment positions, seniority/benefit accruals, differential pay, and what counts as discrimination or retaliation. Agencies regularly issue guidance and FAQs refining compliance expectations.

8) Official Sources