|
 Printer-Friendly Version
Archived News Release--Caution:
information may be out of date.
For more information call: (202) 219-5573
Cases opened by the Department of Labor concerning the
reemployment rights of national guard and reserve members of the armed forces
increased 15 percent in fiscal year 1995, according to the first report to
Congress required by the Uniform Services Employment and Reemployment Rights
Act (USERRA) of 1994.
"The increase is partially attributable to cases opened on
behalf of federal government employees, whose case oversight was shifted from
the Office of Personnel Management, and to the extensive publicity and
education efforts by the Departments of Defense and Labor following the
enactment of the law in October 1994," said Preston M.Taylor Jr., assistant
secretary of labor for veterans' employment and training.
In FY 1995, the department's Veterans' Employment and
Training Service (VETS), the agency responsible for investigating complaints
under USERRA, opened 1,387 new cases and continued the investigation of 167
cases opened in the previous fiscal year. Of the cases opened in FY 1995, 1,079
involved private-sector employers, 232 involved states or the political
subdivisions of states, and 76 involved federal agencies.
Claimants recovered $710,062 in lost wages and benefits.
VETS closed 1,252 cases, 85 percent in 90 days or less. Full restitution of pay
and benefits occurred in 399 cases. Mutually agreeable settlements occurred in
164 cases and individuals withdrew their claims in 136 cases. Investigations by
VETS determined that 323 cases were without merit and claimants were not
eligible for benefits under USERRA in 57 cases. An additional 104 cases were
administratively closed.
In FY 1995, at the request of claimants, VETS referred 51
cases to the Department of Justice to consider for further legal action. One
case was referred to the Office of Special Counsel, the office handling legal
action involving Federal employees.
Investigations under USERRA usually involve refusal by
employers to reinstate or reemploy an individual following a period of military
service. Other complaints include improper discharge, seniority rights, denied
promotions, rate of pay, pension and health benefit issues, vacation, and
training and retraining.
USERRA is a complete revision of the previously enacted
Veterans' Reemployment Rights Statute first enacted in 1940. It strengthens the
role of the Department of Labor to investigate and gives the Secretary of Labor
authority to issue subpoenas. The law also protects individuals from
discrimination in hiring because of their obligations to, or service in, the
military or the Public Health Service and from retaliation by employers for
exercising their rights under USERRA.
Individuals interested in obtaining more information about
USERRA should contact their local veterans' service representative listed with
each state employment service agency. Copies of the report are available by
calling Gordon Berg at (202) 219-5573.
Archived News Release--Caution:
information may be out of date.
| 
