Service member employees now have broader protections under USERRA

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The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that has been in place since 1994, which protects military service members and veterans from discrimination in employment on the basis of their service, and allows them to regain their civilian jobs after their service. On January 2, 2025, the Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act (Dole Act) took effect and included a new amendment to USERRA that expanded USERRA’s protections for veterans. The USERRA amendments include:

Expansion of protections against retaliation

USERRA previously protected service members from discrimination and “adverse employment actions” due to the exercise of their rights or participation in proceedings related to their USERRA rights. “Adverse employment actions” had been interpreted to mean some material change in the terms and conditions of employment. Now, the new amendments prohibit any type of retaliatory action, not just employment-related or those involving an adverse employment action.

Clarification of general applicability and purpose of USERRA

Previously, USERRA stated that it aimed “to encourage noncareer service in the uniformed services.” This statement caused some confusion as to how USERRA applied to regular active-duty members or other career service. The Dole Act amendments brought clarity to this question by removing the word “noncareer” from the law, so it now states that USERRA seeks “to encourage service in the uniformed services,” and confirms that regular military members are included in its protections.

Enhancements to remedies for USERRA violations

The USERRA amendment expands the availability of liquidated damages and specifies a minimum of $50,000 for such damages, makes attorneys’ fees awards mandatory, and provides for a 3% prejudgment interest rate on lost wages/benefits damages, and broader availability for injunctive relief.

Employers should remain aware of their obligations towards service member employees and are required to post a workplace pertaining to those rights. The Department of Labor provides a notice form that employers may use to meet this posting obligation.