Blumenthal Announces Bill to Strengthen Servicemember Employment and Reemployment Protections

(Hartford, CT) – U.S. Senator Richard Blumenthal (D-CT) today announced new legislation to better protect military personnel and veterans from potentially unfair employment disadvantages caused by any extended absence from work while on active duty.   

“In peace and in war, members of the Reserve Component are called away from their civilian jobs to ensure the safety of our nation,” Blumenthal said. “With the passage of the Uniformed Services Employment and Reemployment Rights Act, we guaranteed these brave servicemembers the right to return to their civilian job when they return home. This critical legislation would build on this promise by strengthening employment and reemployment protections already in place, solidifying the Department of Justice’s authority to enforce these protections, and ensuring servicemembers who believe their rights have been violated have their day in court.”  

The Uniformed Services Employment and Reemployment Rights Act (USERRA)—Congresses’ most recent enactment of servicemember reemployment protection—encourages military service by minimizing the disruptions to civilian careers that are caused by military service. USERRA guarantees servicemembers the right to return to their civilian jobs after a period of service. The USERRA Improvement Act of 2016 builds upon the current law, works to eliminate the disadvantages to civilian careers which can result from service, and expands protections for servicemembers with greater federal enforcement mechanisms. The bill would improve USERRA by providing essential enforcement powers to the Department of Justice.

Specifically, the legislation would:

· Strengthen enforcement of USERRA rights by allowing the United States to serve as a plaintiff in all suits filed by the Attorney General, as opposed to only suits filed against State employers.

·  Strengthen enforcement of USERRA by granting independent authority to the Attorney General to investigate and file suit to challenge a pattern or practice in violation of USERRA.

· Allow servicemembers to bring an action against a State or private employer in State court or Federal district court using jurisdictional requirements that are similar to the federal general venue statute.

· Authorize the Attorney General to issue civil investigative demands in its USERRA investigations.

· Clarify that the employer has the burden of identifying proper reemployment positions.

U.S. Senators Patty Murray (D-WA), Dick Durbin (D-IL), and Tammy Baldwin (D-WI) joined Blumenthal in co-sponsoring the bill. This legislation is supported by the American Legion, Veterans of Foreign Wars, Vietnam Veterans of America, Military Officers Association of America, Paralyzed Veterans of America, Military Order of the Purple Heart, and National Guard Association of the United States. 

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