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Archived News Release--Caution:
information may be out of date.
For more information call: (202) 219-5573
The number of employment and reemployment rights cases opened on behalf
of veterans, reservists, and national guard members declined in fiscal year
1996 from the previous year, according to data made available by the U.S.
Department of Labor.
The department's Veterans' Employment and Training Service (VETS) opened
1,270 new cases during the 1996 fiscal year (FY) under the Uniformed Services
Employment and Reemployment Rights Act (USERRA) of 1994. This represents 117
(or 8 percent) fewer cases than the number opened the year before. In addition,
VETS continued the investigation of 297 cases opened in fiscal year (FY) 1995.
"USERRA was designed to sharpen and clarify, to both employers and
reservists, their legal rights and responsibilities," said Preston M. Taylor
Jr., assistant secretary of labor for veterans employment and training. "I
believe this decline in complaints filed can be seen as a positive result of
our education efforts and a desire by employers and reservists to comply with
the law."
Of the cases opened in FY 1996, 903 (71 percent) involved private
employers; 254 (20 percent) involved state or local governments; and 113 (9
percent) involved federal government agencies. The number of cases involving
private employers dropped by 176 from the previous year; the number involving
Federal agencies increased by 37.
Eighty percent of the cases opened (1,018) involved reservists. Almost
half the cases involved discharge or the refusal to reinstate or reemploy the
individual after a period of military service or other military obligation.
VETS closed 1,344 cases in FY 1996, 77 percent in 90 days or less. At
the end of the year, only two cases remained open for more than one year.
Mediation efforts by VETS staff resolved 570 USERRA claims prior to the filing
of a formal complaint. In total, VETS' actions under USERRA recovered $618,956
in lost wages and benefits for claimants.
VETS' investigations determined that 347 complaints were without merit
and in 66 others, claimants were not eligible for the benefits they sought.
VETS closed 150 cases administratively because claimants did not cooperate or
simultaneously pursued the same claim through another party. In addition, 145
individuals withdrew their claims during the investigation.
VETS referred 63 cases to the Department of Justice (DOJ) with a
recommendation to litigate. Three cases involving federal government agencies
were referred to the Office of Special Counsel. Of the cases received by DOJ,
16 were forwarded to United States Attorneys. Complaints were opened in
district court for six claimants, two claimants were represented at trial, and
negotiated settlements occurred in nine cases. Claimants recovered $308,603 in
lost wages and benefits resulting from Justice Department efforts. All three
cases referred to the Office of Special Council were still being considered at
the end of the fiscal year.
VETS is expanding the availability of USERRA information to veterans and
employers through the Internet and is cooperating with the Office of Personnel
Management by assisting and advising federal government agencies in a review of
their military leave policies.
Archived News Release--Caution:
information may be out of date.
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