Military Status Discrimination

In order to ensure that those who are active in or retired from the uniformed services have job security, the federal government enacted legislation to protect those in the uniformed services from workplace discrimination. Enacted in 1994, the federal Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits employers from discriminating against past and present members of the military in terms of hiring, firing and other benefits of employment. Despite the fact that USERRA has been in place for over 20 years, workplace discrimination and retaliation based on military status continues to be a problem. If you are in need of an employment lawyer because you believe your employer violated your rights under the Uniformed Services Employment and Reemployment Rights Act, it is important that you immediately contact an experienced Los Angeles USERRA Lawyer who will help you make sure your employer is held accountable for violating the law.

Employers who must comply with USERRA include private employers, the federal government, and state and local governments. USERRA protects the following service people who hold civilian jobs:

• Army
• Navy
• Marines
• Air Force
• Reserves
• National Guard
• National Disaster Medical System
• Commissioned Corps of the Public Health Service
• Other categories of service designated by the President during time of war or national emergency

In addition, USERRA covers all categories of military training and service, including duty performed on a voluntary or involuntary basis in time of peace or war.

Under USERRA it is against the law to discriminate against an employee based on the employee’s military service. This means that if you are a past or present member of the uniformed service, or have applied for membership in the uniformed service, your employer cannot discriminate against you in relation to any of the following actions:

• Hiring
• Firing
• Training
• Promotion
• Performance reviews
• Work assignments
• Pay cuts
• Demotions
• Discipline
• Transfers
• Work environment

In addition, it is against the law to harass you based on your military status or to retaliate against you.

In Brantner v. Total Logistic Control, Inc., Brantner, a member of the California Air National Guard, sued his former employer alleging violations of USERRA through discrimination, wrongful discharge and for denial of reemployment and other employee benefits for his membership in, service in and application for service in the California Air National Guard. The parties settled the case through private settlement.

In McMackin v. Praxair Incorporated, McMackin was employed as a maintenance superintendent by Praxair Incorporated. In his lawsuit, McMackin claimed that during his employment he was a non-career officer in the United States Navy Reserve and that on June 15, 2008, he gave notice to Praxair that he was being called to active duty in the United State Navy for a period in excess of one year. Praxair placed McMackin on approved military leave. However, McMackin claimed that when he informed Praxair that he would be coming off military orders and leave, and requested prompt reinstatement, Praxair reemployed him as a co-maintenance superintendant and laid him off 93 days later without cause. McMackin sued Praxair in federal court alleging violation of the USERRA. This case was settled between the parties.

The provisions of USERRA are enforced by the U.S. Department of Labor, Veterans Employment and Training Services (VETS). If an employer fails to follow the reemployment rules under USERRA, or if an employer discriminate against or retaliates against an employee based on his or her military status, the employer will face consequences. The employer may be required to

• Comply with USERRA, e.g. reinstate the employee or promote the employee
• Compensate the employee for lost wages or benefits. In some cases the employer may be required to pay double the amount of lost wages and benefits
• Pay attorney’s fees and costs

If you believe that your employer has violated the provisions of USERRA by discriminating or retaliating against you based on your military status, it is important that you are represented by someone with experience. The staff at VAKILI & LEUS, LLP has years of experience successfully representing clients in matters involving employment discrimination and other employment law violations. Keep in mind that there are time limits to filing claims. Contact us at 1-855-52LA-LAW (1-855-525-2529) to schedule a free, no obligation consultation regarding your concerns related to your employment.