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OPA News Release: [09/29/2004]
Contact Name: Mike Biddle
Phone Number: (202) 693-5051
U.S. Labor Secretary Elaine L. Chao, Attorney General
John Ashcroft Sign Agreement Improving Job Protection for Returning Guardsmen,
Reservists
WASHINGTON—U.S. Labor Secretary Elaine L. Chao and Attorney
General John Ashcroft today signed a Memorandum of Understanding (MOU)
to ensure that the employment rights of men and women returning from military
service are vigorously protected. Specifically, the MOU streamlines and
strengthens enforcement of the Uniformed Services Employment and Reemployment
Rights Act of 1994 (USERRA). Congress passed USERRA to safeguard the employment
rights and benefits of service members upon their return to civilian life.
"Our military men and women have been there for us, so now it's our
turn to step up our efforts for them," U.S. Labor Secretary Elaine L.
Chao said. "This agreement will strengthen enforcement of USERRA by
ensuring faster resolution of USERRA cases and quicker enforcement action
by the government when it is necessary."
"The brave men and women protected by USERRA voluntarily set aside
the comforts of civilian life and stepped in harm's way," said Attorney
General Ashcroft. "We owe it to them to make sure that their employment
rights and protections are fully and vigorously protected upon their return
from military service. USERRA and today's agreement reflect the highest virtues
of civic responsibility."
The MOU deals exclusively with each Department's roles and responsibilities
in the enforcement of USERRA by delegating the Department of Labor's USERRA
responsibilities to the Veterans' Employment and Training Service (VETS)
and Office of the Solicitor and by delegating the Attorney General's USERRA
responsibilities to the Civil Rights Division of the Department of Justice
and the U.S. Attorneys office. USERRA will now be enforced by the Civil Rights
Division along with other employment-related civil rights statutes.
To date, more than 420,000 citizen-soldiers have been mobilized since 9/11,
generally serving for longer tours of duty than occurred during the last
comparable conflict, Operation Desert Storm. Despite these longer tours,
the rate of complaints has decreased by almost 30 percent from 1 for every
54 demobilized service members after Desert Storm to one in 76 in the War
on Terrorism.
DOL last week also issued new regulations strengthening USERRA protections.
In addition to the new regulations, Secretary Chao and the DOL's Veterans'
Employment and Training Service have taken other steps to reduce the rate
of USERRA complaints, including:
- Providing briefings to more than 158,000 service members and others on
USERRA;
- Responding to almost 26,000 requests for technical assistance;
- Distributing
more than 240 televised Public Service Announcements, with a second
announcement to be released shortly; and
- Addressing most of the major
human resource and employer organizations.
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