Does your company have at least one employee? If the answer is “yes,” then the Uniformed Services Employment and Reemployment Rights Act (USERRA) applies to you. USERRA prohibits employment discrimination against a person on the basis of past military service, current military obligations, or intent to serve.
To comply with USERRA, an employer must not deny initial employment, re-employment, retention in employment, promotion, or any benefit of employment, to a person on the basis of a past, present, or future service obligation. See, 38 U.S.C. §4311(a). Additionally, an employer cannot retaliate against an employee because of an action taken to enforce or exercise any USERRA right or for assisting in a USERRA investigation. Id. at §4311(b).
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