David C. Henderson publishes "Government Increases Enforcement Of Employment Rights For Returning Armed Forces Members"Print PDF
David C. Henderson published “Government Increases Enforcement Of Employment Rights For Returning Armed Forces Members” in the July 2009 edition of Mealey’s Litigation Report: Employment Law. His article discusses the recent increase in enforcement efforts by the United States Department of Justice (DOJ) against employers believed to have discriminated against armed forces members returning from active duty and looking to reenter the civilian workforce.
The DOJ enforcement actions are based on the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). This statute prohibits discrimination against service members and generally entitles them to return to civilian employment at the same level of pay, benefits, and status they would have attained if continuously employed. The article also discusses USERRA’s procedures and the various implications for employers.