Under USERRA, servicemembers may file administrative complaints with the Department of Labor, which investigates such complaints, makes determinations as to whether they have merit, and attempts to voluntarily resolve those complaints it determines have merit. Upon receipt of an unresolved USERRA complaint from the Department of Labor, the Section reviews the investigative file and makes a determination as to whether to extend representation to the servicemember. Under USERRA, the Department of Justice has authority to represent a servicemember if the Department is satisfied that the servicemember is entitled to the rights or benefits being sought.
The Section has authority to prosecute enforcement actions upon referral by the Department of Labor of complaints arising under Executive Order , which prohibits discrimination in employment by federal government contractors on the basis of race, color, religion, sex, sexual orientation, gender identity or national origin.
Employment Discrimination by Federal Government Contractors The Section has authority to prosecute enforcement actions upon referral by the Department of Labor of complaints arising under Executive Order , which prohibits discrimination in employment by federal government contractors on the basis of race, color, religion, sex, sexual orientation, gender identity or national origin.
Was this page helpful? Yes No. Thank you for your input. Contact the Webmaster to submit comments. Ethnicity Discrimination in Employment. Family Responsibility Discrimination in Employment. Sex and Gender Discrimination in Employment. Hostile Work Environment. Medical Condition Discrimination in Employment. Military Status Discrimination in Employment. National Origin Discrimination in Employment. Pregnancy Discrimination in Employment. Race Discrimination in Employment. Religious Discrimination in Employment.
Sex Stereotyping Discrimination in Employment. Sexual Harassment in the Workplace. Sexual Orientation Discrimination in Employment. Transgender Discrimination in Employment. Workers' Compensation and Disability Benefits. Class Action Employment Lawsuits. Defamation in Employment. Employee Benefits. Employment Law Compliance. Immigration Laws for Employers and Employees. Licensing Agency Investigations. The Department of Justice also has authority to initiate investigations and prosecute enforcement actions against state and local government employers where it has reason to believe that a "pattern or practice" of employment discrimination exists.
Servicemembers should be reinstated with the seniority, status, and rate of pay that they would have obtained had they remained continuously employed by their civilian employer.
Reasonable efforts must be made to enable returning employees to refresh or upgrade their skills to enable them to qualify for reemployment. Additionally, servicemembers are entitled to immediate reinstatement of health insurance for the member and previously covered dependents with no waiting period and no exclusion of preexisting conditions other than those that are military service-related.
Employers must reemploy servicemembers who are disabled because of their military service in a position most nearly approximating their former position if they can no longer perform that job. USERRA also protects servicemembers from discrimination in hiring, promotion, and retention on the basis of past, present and future membership in the armed services, or military obligations.
USERRA applies to voluntary as well as involuntary military service, in peacetime as well as wartime, and the law applies to virtually all civilian employers, including the federal government, state and local governments, and private employers, regardless of size.
Under USERRA, the Department of Justice may appear on behalf of a servicemember if the Department of Justice is reasonably satisfied that the servicemember is entitled to the rights or benefits being sought.
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