Military Status Discrimination

Missouri Employment Law Attorney

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 these service members from discrimination in the workplace.

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) protects the important civilian job rights and benefits for veterans and members of the National Guard and the Reserve. In fact, the USERRA establishes that service members will have a job waiting for them when they return from active duty. This Act was designed to protect the people who serve this country from facing discrimination from employers on the home front. In effect, most states recognize military status as a protected category amongst state employment discrimination laws.

Your Rights Under USERRA

The USERRA states that the cumulative length for which employees may be absent from work for military duty is generally 5 years, but there are some important exceptions to the 5-year limit, including:

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

The USERRA also 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 2 years from the date of completion of service to return to their jobs. Note that you are required to provide advance written or verbal notice to their employers unless giving such notice is impossible or precluded by military necessity.

Additionally, the Family and Medical Leave Act (FMLA) provides for military caregiver leave, which allows any spouse, son, daughter or parent of a military member on "covered active duty" to have 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.

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. Employers may not discriminate against you based on military status, whether by denying employment opportunity to anyone because of their membership, service, or obligation in a uniformed service.

Facing Military Status Discrimination? Let Us Help.

If you have been discriminated against for your military status, such as an employer refusing to hire you, refusing to reemploy you, discharging you, failing to promote you, or harassing or discriminating against you because of your affiliation with the armed forces, you have an employment discrimination lawsuit on your hands. The team at Riggan Law Firm, LLC can assess the facts of your situation and craft a strong case for your anti-discrimination rights as a person affiliated with the military.

Speak with an attorney at Riggan Law Firm, LLC today by calling (314) 684-8406 or filling out this form.