On September 12, 2012, the United States Senate Committee on Veterans' Affairs approved S. 3322, a piece of legislation that would strengthen enforcement of the Uniformed Services Employment and Reemployment Rights Act ("USERRA").
USERRA bars discrimination against members of the uniformed forces because of their past, current, or future military obligations. It mandates, in part, that service members, reservists and National Guard members returning to civilian employment after a period of active duty must be reemployed in the same or similar job with the status, pay, and benefits they would have attained if they had never been absent for military duty. The statute also proscribes discrimination in hiring, promotion and termination practices and preserves workers' benefits. All employers, regardless of size, are subject to the requirements of USERRA.
Currently, USERRA permits the United States Attorney General only to file a single-plaintiff case against an employer. If passed, the new legislation will broaden the USERRA's scope by allowing the Attorney General to investigate and file suits alleging a pattern or practice of USERRA violations. This effectively authorizes the Attorney General to seek relief for multiple plaintiffs in a single lawsuit against an employer. The amendment also would permit a veteran to intervene as a plaintiff in a lawsuit initially filed by the Attorney General. The bill is currently pending before the Senate.
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