Discrimination and Retaliation Under USERRA


USERRA, the Uniformed Services Employment and Re-employment Rights Act of 1994, is a federal law that safeguards the employment rights and benefits of military service members. By protecting the civilian employment of service men and women who have been called to duty as non-full time military service members, this guarantees that Americans will remain interested in serving their country.

Those employers who disregard the protections of service members under USERRA may have a large price to pay. When you contact the qualified USERRA attorneys at The Cochran Firm South Florida, you can learn which USERRA provisions are likely to have been violated in your employment discrimination case. A USERRA attorney will advise you of all damages that might be recovered.

Anti-Discrimination Provided Under USERRA

Regardless of the duration of employment or position, the regulations prohibiting discrimination extend to all aspects of employment which include:

  • Hiring
  • Firing
  • Re-employment
  • Promotion
  • Demotion
  • Compensation
  • Other terms and conditions of employment

Whether you are currently active or in a reserve component of a military’s branch, you are covered, as well as those who are veterans of the military.

Anti-Retaliation Provisions Under USERRA

Obligations imposed under USERRA include that employees may not be:

  • Denied employment
  • Declined promotion
  • Have employment benefits revoked

All of these adverse employment actions are protected when exercising rights under USERRA. To summarize, federal law states that an employer may not discriminate in employment against or take any adverse employment action against someone who has done the following:

  • Taken action to enforce a protection afforded any person under the law
  • Testified or otherwise made a statement in or in connection with any proceeding
  • Assist or participate in an investigation of employment of adverse employment action
  • Exercised a right for which he or she has been provided

Have you been subjected to employment discrimination after proudly serving your country in its greatest time of need? The experienced USERRA attorneys at The Cochran Firm’s Florida office are ready to defend your rights that have been violated. Please call to arrange a confidential consultation to discuss your case.