Missouri Employment Law Attorneys

Military Status Discrimination

Missouri Employment Law Attorney

The Uniformed Services Employment and Reemployment Rights Act of 1994 protects the important civilian job rights and benefits for veterans and members of the National Guard and the Reserve.

One of the purposes of the USERRA is to provide an incentive for our service members by ensuring them that they will have a job waiting for them when they return from active duty. This Act was designed to protect the men and women who serve this country from facing discrimination from employers on the home front.

Since our country relies on the selfless duty provided by members of the armed forces such as the Army, the Navy, the Marine Corps, the Air Force, and the Coast Guard, in recent years the federal government has strengthened the laws that protect service members from discrimination in the workplace.

In effect, most states recognize military status as a protected category amongst state employment discrimination laws.

Your Rights Under USERRA

The USERRA has established the cumulative length for which employees may be absent from work for military duty, and this time period is generally five years, but there are some important exceptions to the five-year limit, and these include:

  • Iitial enlistments that are greater than five years
  • Involuntary active duty extensions and recalls

The USERRA requires that employers make reasonable efforts to accommodate disabled veterans and it requires that service members who are convalescing from injuries during service or training be allowed up to two years from the date of completion of service to return to their jobs.

Service members are required to provide advance written or verbal notice to their employers unless giving such notice is impossible, or precluded by military necessity. Under the Family and Medical Leave Act (FMLA), any spouse, son, daughter or parent of a military member on "covered active duty" has 26 work weeks of leave during a single 12-month period to care for a covered service member who has sustained a serious injury or illness; this is referred to as military caregiver leave.

Facing military status discrimination?

The USERRA provides important protections for veterans, reservists and members of the National Guard. The Vietnam Era Veterans' Readjustment Act (VEVRAA) also prohibits discrimination against specified categories under the Act. Discrimination based on military status involves denying employment opportunity to anyone because of their past, current or future membership, service or obligation in a uniformed service.

Military status discrimination can include refusing to hire, refusing to reemploy, discharging, failing to promote, harassing or discriminating against someone because of their duty, obligation or affiliation with the armed forces.

Facing discrimination due to your military status? Contact a Missouri employment law attorney!

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