Memo Improves Job Protection for Guardsmen, Reservists
American Forces Press Service
WASHINGTON, Sept. 30, 2004 -- Attorney General John Ashcroft and Labor
Secretary Elaine L. Chao have signed a memorandum of understanding (to ensure
that the employment rights of men and women returning from military service are
vigorously protected.
The memorandum streamlines and strengthens enforcement of the Uniformed
Services Employment and Reemployment Rights Act of 1994, commonly known as
USERRA. Congress passed USERRA to safeguard the employment rights and benefits
of service members upon their return to civilian life.
"The brave men and women protected by USERRA voluntarily set aside the comforts
of civilian life and stepped in harm's way," Ashcroft said. "We owe it to them
to make sure that their employment rights and protections are fully and
vigorously protected upon their return from military service'."
Chao echoed the sentiment. "Our military men and women have been there for us,
so now it's our turn to step up our efforts for them," she said. "This
agreement will strengthen enforcement of USERRA by ensuring faster resolution
of USERRA cases and quicker enforcement action by the government when it is
necessary."
The memorandum deals exclusively with each department's role and
responsibilities in the enforcement of USERRA. The attorney general has
delegated his USERRA responsibilities to the Civil Rights Division of the
Department of Justice and the U.S. Attorneys' offices.
The Department of Labor has delegated its USERRA responsibilities to the
Veterans' Employment and Training Service and the Office of the Solicitor.
The memorandum will streamline the enforcement process, allowing the two
agencies to work closely and effectively to ensure the protection of USERRA
rights. When a complaint raises an "issue of immediate and significant harm"
and each agency agrees that the complaint appears legitimate, it may be
referred for enforcement immediately, officials explained. This prevents two
agencies from working on the same issue, wasting time and resources.
DOL last week also issued new regulations strengthening USERRA protections. In
addition to the new regulations, Chao and the DOL's Veterans' Employment and
Training Services have taken other steps to reduce the rate of USERRA
violations, including:
Providing briefings to more than 158,000 service members and others on USERRA;
Responding to almost 26,000 requests for technical assistance;
Distributing more than 240 televised public service announcements, with a
second announcement to be released shortly; and
Addressing most of the major human resource and employer organizations.
(From a Department of Justice news release.)
Biographies:
Attorney General John
Ashcroft
Labor Secretary Elaine
L. Chao
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