Discrimination, Retaliation, and Reemployment

The Uniformed Services Employment and Reemployment Rights Act (“USERRA”) prohibits employers from discriminating against veterans and servicemembers on the basis of military status, including leave taken to serve in the military. USERRA also requires employers to promptly reemploy employees who return from military leave, with the same seniority, benefits, and pay and promotions that would have had if they had not left for military service.  USERRA also requires employers to make reasonable efforts to accommodate employees who are injured during military leave.

USERRA also prohibits retaliation against anyone (whether or not they have performed military service) who files a complaint, testifies, assists or otherwise participates in an investigation or proceeding under the law; or exercises any right provided under the law.  This provision is not limited to persons who have performed military service.

The following is a sample of the cases involving discrimination in hiring, promotions, and termination based on military status, failure to re-employ, and retaliation in violation  USERRA that have been litigated by members of Block & Leviton’s Veterans and Servicemembers Rights and Benefits Practice Group:

  • BLB Resources
  • InGenesis and STG International USERRA Litigation
  • United Parcel Service, Inc. USERRA Litigation
  • Washington State Patrol USERRA Litigation

If you have concerns about your rights and benefits as a veteran or servicemember, please contact one of the following persons for more information:

Joseph Barton, Esq. (jbarton@blockesq.com)
Ming Siegel, Paralegal (ming@blockesq.com)
Block & Leviton LLP
1735 20th Street NW
Washington DC 20009
(202) 734-7046