Uniformed Services Employment and Reemployment Rights Act

The Uniformed Services Employment and Reemployment Rights Act (USERRA), prohibits discrimination against persons because of their service in the Armed Forces Reserve, the National Guard, or other uniformed services. USERRA prohibits an employer from denying any benefit of employment on the basis of an individual’s membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services. USERRA also protects the right of veterans, reservists, National Guard members, and certain other members of the uniformed services to reclaim their civilian employment after being absent due to military service or training.

Ref: 38 U.S.C. § 4301, et. seq.

Filing a USERRA Complaint with OSC

OSC is not authorized to receive a USERRA complaint directly from the claimant. Instead, the claimant must first file his/her complaint with the Department of Labor's Veterans' Employment and Training Service (VETS). If VETS is unsuccessful in resolving the complaint, the claimant may request that VETS refer the complaint to OSC. If the Special Counsel believes there is merit to the complaint, OSC will initiate an action before the Merit Systems Protection Board and appear on behalf of the claimant. The successful claimant is entitled to receive the employment benefits that he/she was denied as the result of the agency's violation of USERRA. Additionally, a prevailing claimant is entitled to attorney's fees, expert witness fees, and other litigation expenses.

OSC Contact

If you have any questions about OSC's role in enforcing USERRA, please contact Ronald K. Jaicks, OSC's USERRA Coordinator, by telephone at (202) 254-3600, or by e-mail at userra@osc.gov

Other Useful Web Sites

The Department of Labor's Veterans' Employment and Training Service maintains a home page at http://www.dol.gov/vets. The VETS home page contains an interactive guided program that provides valuable information and answers questions about USERRA.