Kang Haggerty News
In the July 3, 2025 edition of The Legal Intelligencer, Edward Kang writes, “Uniform Protections, Civil Consequences: Litigating Employer Duties to Servicemembers Under USERRA.”
It is common to see businesses marking Veterans Day with social media posts thanking service members for their service and sacrifices. It is notably less common for the same businesses to understand or honor their legal obligations to employees who are current or former members of the military. Too often, businesses discriminate against their employees who spend time serving in the uniformed services, such as the National Guard. While it is understandable that the employees’ time away from work could cause disruption at work (e.g., an employee spending six months on overseas service), the businesses need to understand that these employees provide vital functions for the public.
Passed by Congress in 1994, the Uniformed Services Employment and Reemployment Rights Act (USERRA) was designed to shield servicemembers from economic harm and affirmatively encourage them to assert their rights when they are violated. Now, with the Dole Act of 2024, Congress has made it even clearer: USERRA is meant to be used, and it has teeth. With mandatory award of attorney fees, no statute of limitations for most claims, and an expansive view of liability, USERRA, as amended, is one of the most powerful tools in the employment litigator’s arsenal. Employers whose support for the military is limited to thoughts, prayers, and posts should take heed.