Uniformed Services Employment and Reemployment Rights Act

ABSTRACT

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) was enacted on October 13, 1994. USERRA co-exists with several other protective acts to prevent harassment and discrimination against veterans and service members returning to the civil sector. Sadly, these laws only exist out of need to protect the very heart and soul of America, those Americans who demonstrate the highest ideas of citizenship and piety by choosing to serve their country in some manner. Uniformed Services Employment and Reemployment Rights Act of 1994 ( USERRA) will face more court decisions in the future as America moves forward with the Global War of Terror (GWOT). American employers and lawmakers will have to deal with the fallout of the recent deployments at some time in the future. One of the most important facts of the current law is that it applies to all employers regardless of size, unlike the Americans with Disabilities Act and many other laws.

Army Reserve and National Guard Forces are stressed and stretched to a level unforeseen by the lawmakers of 1994. Many Reservists and National Guardsmen face twelve to fifteen month deployments that will create unique challenges for employers, employees, and the future status of our Armed Forces. This will best attempt to explain and tell the perspective of the United States Army, since I am most familiar with Army and Army Reserves. It should be noted that the Department of defense encompasses many Reserve and other agency employees which are protected by USERRA. My initial personal experience with USERRA came following an International Stabilization Force deployment to Bosnia in accordance with the Dayton Peace Accord in 1995.

Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) 3

What is the background for USERRA?

The Uniform Services Employment and Reemployment Rights Act of 1994 was meant by lawmakers to provide employee protection for veterans and employees who perform military services, such as serving in the National Guard or United States Army Reserve. The timing of the law was in direct relation to the downsizing of America’s bases, often referred to as BRAC following the Persian Gulf War. Base Realignment and Closure Committee (BRAC) was created for the purpose of downsizing Active Duty Armed Forces following the collapse of the Soviet Union and facing a National Deficit of record proportion. Lawmakers soon realized that much of the future in America’s new Defense Strategy would rely on those meant to be protected by USERRA, that is, National Guardsmen and Reservists.

For over 150 years laws have passed by Congress as a means of protecting and reintegrating veterans following and during conflicts. The most substantial laws followed or were created during all major American conflicts. These