The Uniformed Services Employment and Reemployment Rights Act (USERRA) as applied by the Congressional Accountability Act
Section 206 of the Congressional Accountability Act (CAA) applies certain rights and protections of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) to legislative branch employing offices and employees and was passed to replace the Veterans’ Reemployment Rights Act to be more employee-friendly. USERRA was designed to encourage non-career uniformed service by minimizing the harms to civilian employment which can result from such service.
USERRA generally prohibits discrimination on the basis of military service and protects the employment rights of individuals who leave employment positions to undertake military service. Military service includes the active and reserve Armed Forces, the National Guard, the Public Health Service, and certain types of service in the National Disaster Medical System.
Under the CAA, an applicant to the uniformed services, a past or present member of the uniformed services, or an individual who is obligated to serve in the uniformed services has USERRA rights when working or applying for employment with any legislative branch employing office.
Basic Provisions/Requirements
USERRA’s three main areas of protection include antidiscrimination, anti-retaliation, and reemployment rights. USERRA, as applied by the CAA, generally prohibits employing offices from taking any adverse action against any current or prospective employee, due in any part to the individual’s past, present, or future military service, status, or obligations. In other words, employing offices cannot refuse to hire an individual, terminate, or otherwise deny an employee promotions or any other benefit of employment because of their military service. In addition, if a current employee with no prior military connection elects to enlist in the armed forces, the employing office would likewise be prohibited from taking any adverse action against that employee. USERRA also prohibits employing offices from taking adverse actions against any employee – regardless of their lack of military affiliation – for either asserting or helping another individual assert their rights under the statute.
