Skip to page content
elaws - employment laws assistance for workers and small businesses - USERRA Advisor

Discrimination

USERRA protects all members of the uniformed services from discrimination in employment regardless of whether their uniformed service was in the past, present or future. For example, a Vietnam Era veteran has USERRA protection against most discriminatory employment actions even though that person's uniformed service preceded an employment relationship by many years. If that person is subsequently denied a benefit of employment, motivated even in part by that service in the uniformed services, then that person may have rights under USERRA.

The discrimination provisions of USERRA, set forth in section 4311, address problems regarding initial employment, reemployment, retention in employment, promotion, or any other benefit of employment. This Advisor addresses some of these problems in more detail on the Main Menu. For example, if your question involves eligibility, initial hire, or being allowed to return to work after service, then the eligibility or job protections choices from that Main Menu may address your needs better. For more general information on the effect of uniformed services on benefits or general workplace issues, continue with this section. See 20 CFR Parts 1002.18 - 1002.20.

Continue