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Employment Rights and Returning Armed Forces Members

By David C. Henderson and Matthew P. Ritchie
November 24, 2009

The United States Department of Justice (DOJ) recently increased enforcement efforts against employers believed to have discriminated against armed forces members returning from active duty and seeking to reenter the civilian workforce.

These DOJ enforcement actions include lawsuits under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). This statute generally applies to every employer regardless of size. It prohibits discrimination against service members and entitles them to return to civilian employment at the same level of pay, benefits, and status they would have attained if continuously employed ' subject to only a few exceptions.

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