Attorney General Alberto R. Gonzales proclaimed: “Every day, men and women of our nation’s armed forces put their lives on the line to protect the freedoms we enjoy, and it is our responsibility to ensure that their rights are protected in return.” The new Web site, located by clicking here, is a partnership between the Justice Department and other federal agencies that oversee these protections. The new website consolidates notices and information on several laws, including the Uniformed Services and Reemployment Rights Act (USERRA), that affect service members, including commonly asked questions involving rights and protections. The site also provides contact information and directions for filing complaints online with the Department of Justice (DOJ) and other federal agencies that investigate and prosecute possible civil rights violations.
The USERRA prohibits employers from discriminating or retaliating against an employee or applicant for employment because of past, current or future military obligation. (The other laws affected require states to allow certain groups of citizens, including service members and their families, to register and vote absentee in a timely manner in elections for federal offices, and providing certain civil protections for military personnel while on active duty.)
Of course, the DOJ is authorized to bring cases on behalf of service members or veterans. For example, the DOJ filed the first class-action lawsuit under USERRA against American Airlines for its failure to provide the same employment benefits to its pilots who had taken military leave as it had provided to its pilots who had taken similar types of non-military leave. The DOJ took similar action to protect the rights of residents of a nursing home under contract with New Mexico’s Veteran’s Administration.
So, do not forget to update the legally mandated employee notices and consult your legal counsel if you ever have questions about the USERRA’s applicability.