Uniformed Services Employment and Reemployment Rights Act

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA, 38 U.S.C. §§ 4301 – 4335) is a federal law intended to ensure that persons who serve or have served in the Armed Forces, Reserves, National Guard or other “uniformed services:” (1) are not disadvantaged in their civilian careers because of their service; (2) are promptly reemployed in their civilian jobs upon their return from duty; and (3) are not discriminated against in employment based on past, present, or future military service. The federal government is to be a “model employer” under USERRA. See 38 U.S.C. § 4301.

USERRA Information & Complaint Process

If you believe your USERRA rights may have been violated, or you are an employer seeking compliance assistance, you may consider the following options:

Seeking assistance from the Employer Support of the Guard and Reserve (ESGR; www.esgr.org; 1-800-336-4590):

ESGR is a U.S. Department of Defense entity established in 1972 “to promote cooperation and understanding between Reserve component members and their civilian employers and to assist in the resolution of conflicts arising from an employee's military commitment. It operates through a network of thousands of volunteers throughout the nation and Guam, Puerto Rico, and the Virgin Islands” (from: http://esgr.org/about.asp).

ESGR assists in answering USERRA questions from employees and employers and attempts to informally resolve disputes.

Filing a complaint with the U.S. Department of Labor, Veterans Employment & Training Service (DOL-VETS) (http://www.dol.gov/vets/; 1-866-487-2365):

Information about USERRA, including an interactive guided program called the “USERRA elaws Advisor,” is available at:
http://www.dol.gov/vets/programs/userra/main.htm.

The contact information for your local DOL-VETS office is available at:
http://www.dol.gov/vets/aboutvets/contacts/main.htm.

The DOL-VETS USERRA complaint form, VETS-1010, and instructions for completing and submitting it, are available at:
http://www.dol.gov/elaws/vets/userra/1010.asp.

If you choose to file a USERRA complaint, DOL-VETS will investigate and attempt to resolve it; if its efforts at resolution are unsuccessful, you may have the option of seeking representation from either OSC (if the complaint involves a federal executive agency, with certain limited exceptions) or the U.S. Department of Justice (if the complaint involves a state, local, or private employer).

(IMPORTANT NOTE: OSC cannot directly accept USERRA complaints;
the Demonstration Project under which OSC could do so expired on 12/31/07; however, as explained below in “OSC’s Role,” OSC may later become involved in a USERRA complaint under certain conditions)

OSC’s Role

Under certain conditions, OSC has authority to prosecute USERRA claims involving federal executive agencies before the U.S. Merit Systems Protection Board (MSPB).

For a USERRA complaint to reach OSC, a federal executive branch employee or applicant must first file a USERRA complaint with DOL-VETS, which investigates and attempts to resolve the complaint. See 38 U.S.C. § 4322. If DOL-VETS is unable to resolve the complaint, the USERRA claimant may request referral to OSC for possible legal representation before the MSPB. See 38 U.S.C. § 4324. If, after reviewing the complaint and investigative file, OSC is reasonably satisfied that the claimant is entitled to relief under USERRA, OSC may act as attorney for the claimant and initiate an action before the MSPB. If OSC declines representation, the claimant may still file an appeal with the MSPB.

Important Notice for Employers

The Veterans Benefits Improvement Act of 2004, Public Law 108-454 (Dec. 10, 2004) requires employers to provide notice of the rights, benefits, and obligations of employees and employers under USERRA.
To assist employers in complying with this requirement, DOL-VETS developed a USERRA informational poster to be posted at workplaces, available at:

http://www.dol.gov/vets/programs/userra/USERRA_Federal.pdf.

Further Questions

If you have further questions regarding USERRA or OSC’s role, please contact OSC’s USERRA coordinator by telephone at (202) 254-3600 or e-mail at userra@osc.gov.