USERRA Discrimination Complaints Up 17% In FY 2022

December 6, 2023

What's New

Discrimination complaints filed with DOL-VETS under USERRA for fiscal year 2022 increased by 17 percent over the previous year, enforcement statistics from the U.S. Labor Department’s Veterans’ Employment and Training Service show. The Uniformed Services Employment and Reemployment Rights Act protects the employment and reemployment rights of employees who have been called to active military duty.

Consistent with past years, “military obligations” discrimination was the most prevalent allegation of discrimination, followed by failure to reinstate and unlawful retaliation. “Military obligations” discrimination is a catch-all category including terminations and demotions.

DOL-VETS reports that it resolved 976 USERRA complaints in FY 2022, a 10% increase over FY 2021. For the fourth year in a row, “claim withdrawn” was the most common resolution, followed closely by “no merit” findings.

What It Means

The rise in complaints in FY 2022 reversed a decade-long downward trend and was the highest number (1,009) received by VETS in seven years. This could indicate that employees covered by USERRA are more likely to be aware of their rights than in past years.

What You Should Do

Employers should be aware that USERRA prohibits discrimination and retaliation in employment and benefits based on a person’s military status. It protects an individual’s right to reemployment, health insurance, pensions, and fringe benefits following a term of military service.

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