04-01-2025
The Uniformed Services Employment and Reemployment Rights Act (USERRA) precludes employers from discriminating and retaliating against veterans and service members based on their military status or service. It also gives service members reemployment rights and other rights/benefits when military obligations impact their civilian jobs. It was enacted in 1994.
The Dole Act is bipartisan legislation that expands USERRA’s protections. Here are some of the changes. The amendment simplifies USERRA’s retaliation language, stating that employers are barred from retaliatory action against employees who exercise their USERRA rights, even if not employment-related. This change eliminates the need to prove an “adverse employment action” and show a material change in employment conditions. Regarding liquidated damages, the Dole Act permits these damage awards even where no lost wages or benefits are recovered and establishes a minimum award of $50,000. Individuals can now request early injunctions to stop potential violations. The Dole Act sets forth the standards that must be met to get the injunction. The amendment further sets a prejudgment interest rate for lost wages or benefits (3%). Employees who bring suit and win will receive reasonable attorney’s fees, whereas these fees were optional before. The amendment clarifies that the statute protects civilian employment and reemployment for all service members, including those in the regular military.
Congress has regularly expanded USERRA’s protections. After its initial passage, Congress added FEMA reservists and National Guard members performing service under state duty to the protected group, created a cause of action for hostile work environment claims, and improved how USERRA complaints are processed within the federal government.