...UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994 USERRA is a federal statute that protects servicemembers’ and veterans’ civilian employment rights. Among other things, under certain conditions, USERRA requires employers to put individuals back to work in their civilian jobs after military service. USERRA also protects servicemembers from discrimination in the workplace based on their military service or affiliation. SUBCHAPTER I--GENERAL § 4301. Purposes; sense of Congress (a) The purposes of this chapter are-(1) to encourage noncareer service in the uniformed services by eliminating or minimizing the disadvantages to civilian careers and employment which can result from such service; (2) to minimize the disruption to the lives of persons performing service in the uniformed services as well as to their employers, their fellow employees, and their communities, by providing for the prompt reemployment of such persons upon their completion of such service; and (3) to prohibit discrimination against persons because of their service in the uniformed services. (b) It is the sense of Congress that the Federal Government should be a model employer in carrying out the provisions of this chapter. § 4302. Relation to other law and plans or agreements (a) Nothing in this chapter shall supersede, nullify or diminish any Federal or State law (including any local law or ordinance), contract, agreement, policy, plan, practice, or other matter that establishes...
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...employ less than 500 employees account for thirty-five percent (CBO, 2005). Regulations have been enacted to protect military member’s civilian jobs when they are called to duty. The regulation that governs the rights of these military members is the Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994. Often small businesses do not understand law and this can cause them to face legal ramifications. USERRA was enacted in 1994, to ensure that National Guard and Reserve members of the United States Armed Forces that are called to duty have employment rights upon their return. USERRA Replaced the Veterans’ Reemployment Rights Act (VRRA) of 1940. VRRA was enacted to protect the military members that were called to duty for WWII. USERRA is the federal laws that establishes employment, reemployment rights and benefits for military members currently serving or who have served in the Armed Forces (USERRA, 1994). The law also provides for protection from retaliation for military members who are currently or previously served in the Armed Forces. Often it is unclear to employers as to who is covered and what type of service in the Armed Forces is covered. USERRA applies to all public and private employers in the United States, regardless of size, to include an employer with only one employee. USERRA’s definition of service in the Uniformed Services covers all categories of military training whether it is volunteer or involuntary....
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...outlines employee, and employer responsibilities. (Lundin, p. 20). The law also requires employers to refrain from discrimination in hiring, re-employment and benefits because of an employee's military service or connection (Lundin, p. 20). In the case of Petty v. Metropolitan Government the company was accused of violating this legislation. 1. What were the legal issues of this case? The legal issue of this case of Petty v. Metropolitan Gov’t of Nashville & Davidson County is the alleging of racial discrimination under disparate treatment and disparate impact. Another issue in the case is the postponement of re-employing a returning Army reservist, which violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994, although the delay was based on the employee’s alleged dishonesty (Walsh, 2010). In Petty v. Metropolitan Gov’t of Nashville & Davidson County, Metro re-hired Petty but did not return him to his previous position of patrol sergeant. Petty was demoted to answering phone calls and occasionally taking police reports (Walsh, 2010). Metro’s Office of Professional Accountability conducted an investigation into whether Petty lied on his return-to-work forms by admitting that he faced military charges in Kuwait, but did not disclose that he was accused of giving alcohol to an enlisted soldier and of manufacturing alcohol. This investigation was closed after a lieutenant met with Petty and concluded that any...
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...Petty v. Metropolitan Government of Nashville and Davidson County HRM 510: Business Employment Law Dr. Moore May 15, 2011 The Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994 provide employment protection of National Guard and Reserve military personnel. This legislation protects military veterans and reservists' rights with respect to their civilian jobs and benefits, and outlines employee, and employer responsibilities as well (Lundin, p. 20). Additionally, the law requires employers to refrain from discrimination in hiring, re-employment and benefits because of an employee's military service or connection (Lundin, p. 20). Although the USERRA has been effective in protecting the employed military member, it requires some work in the area of hiring new employees. Simply because of their military status, many qualified job applicants are often passed-over, it is an unlawful practice but very hard to prove by the Reserve/Guard member. Simply put, there are thousands of veterans unable to secure employment because it is too easy for the employers to select other non-military recruits. In the case of Petty v. Metropolitan Government the company was accused of violating this legislation. 1. What were the legal issues in this case? The legal issues in this case involved the treatments of Petty, a former Police Officer who left the Metro Police Department for active duty with the United States Army. Upon his request to be reinstatement, Petty...
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...postponement in re-employing a returning Army reservist, which violated the Uniformed Services Employment and Reemployment Rights Act (USERRA), although the delay was based on the employee’s alleged dishonesty (Walsh, 2010). The US government has taken numerous steps to ensure that the employers to not discriminate when hiring, promoting or firing employees. According to Title VII of the Civil Rights Act of 1964 (Title VII) employers cannot discriminate based on race, color, religion, sex, or national origin. Metro re-hired Petty but did not return him to his previous position of patrol sergeant or a substantially similar position. Petty was relegated to answering phone calls and occasionally taking police reports (Walsh, 2010). Metro’s Office of Professional Accountability conducted an investigation into whether Petty lied on his return-to-work paperwork by admitting that he faced military charges in Kuwait, but did not disclose that he was accused of giving alcohol to an enlisted soldier and of manufacturing alcohol. This investigation was closed after a lieutenant met with Petty and concluded that any allegation that Petty was untruthful on his paperwork was unfounded (Walsh, 2010). Explain how the reemployment provisions of the USERRA were violated in this case. The central dispute in this case is whether Metro violated USERRA in its treatment of Petty, a former police officer who left the...
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...Christina Olivis Week 3 Assignment 1. Define BFOQ and list to which characteristics it applies BFOQ stands for bona fide occupational qualification and is a defense used in discrimination litigation. It applies to discrimination against religion, national origin, gender, and/or age. 2. What is USERRA? How does USERRA protect those on military leave? USERRA stands for uniformed services employment and reemployment rights act. It clarifies the length of time a person in the military can be absent from work and protects their rights in the matter. 3. What are the requirements of an Affirmative Action plan? List the criteria for proof of its "remedial nature." The Affirmative Action Plan has to be just to everyone and follows detailed requirements established by the courts. They have to commit and lead by example. They have to place advertisements drawing in women and minorities. Career counseling geared toward women and minorities and job descriptions should understandable to such parties. Rules and regulations will include these parties as well. 4. Answer Human Resource Dilemma, Ch. 7 #5, p.187 (Emmanuel Abrams) When the EEOC receives a charge of discrimination is when the process begins. An initial review occurs and then an investigation. A letter of determination is issued stating what determination was made. If the EEOC determines there is discrimination present the EEOC can either step in and mediate with the company or if the company is not willing...
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...there are certain rules that have to be followed. Because certain rules in regards to postponement were not followed, this violated, the Uniformed Service Employment and Reemployment Rights Act or (USERRA), even though the delay was based on the employee’s alleged dishonesty. Explain how the reemployment provisions of the USERRA were violated in this case. The USERRA is in place to protect the rights of returning veterans when seeking re-employment upon return from service (Judicial Review, 2008). The reemployment provisions of the USERRA were violated in this case because Metro delayed re-hiring Petty by putting him through the return-to-work process. The department was also in violation because he was not given the position to which he was qualified. Explain why the court concludes that Petty has a claim for discrimination under USERRA. The court concludes that Petty has a claim for discrimination under USERRA because he had satisfied the stipulations for reinstatement—his petition for re-employment was timely, and his discharge was “honorable”. However, Metro did not conform with the act’s requirement to quickly reinstate Petty to his former position. When Metro raised Petty’s alleged dishonesty as a defense, the appeals court responded by reminding Metro that USERRA allows an employer to terminate a former serviceman for “cause” after re-employment, but does not allow an employer to use that same...
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...Disparate treatment is intentional unequal treatment based on protected class characteristics that results in the limitation or denial of employment opportunity. Employer of any size prohibited from discrimination against people who are members of, or have obligations to serve in a uniform military service under the uniformed services Employment and Reemployment rights Act ( USERRA). Explain how the r reemployment provisions of the USERRA were violated in this case? Under the provisions of USERRA reemployment must occur within two weeks of the employee’s application for reemployment. However, Metro return-to-work process took three weeks to rehire. Petty’s complaint alleged that Metro violated his rights under USERRA in that: (1) Metro delayed rehiring him for the purpose of subjecting to the department return-to-work process; (2) Metro did not properly rehire him because he was not placed in the position to which he was entitled; (3) Metro impermissibly denied him the ability to work off duty security jobs. Explain why the court concludes that Petty has a claim for discrimination under USERRA. USERRA performed four key functions in this case that concluded a claim of discrimination. (1) It guaranteed returning veterans a right of reemployment after military service; however this should have occurred within two weeks, but took three weeks. (2) It prescribes the position to which such veterans are entitled upon their return never the less, Petty did not receive his former...
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...Federal law requires employers to notify employees of their rights under USERRA, and employers may meet this requirement by displaying this notice where they customarily place notices for employees. USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service. USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services. Vacation pay Service members must, at their request, be permitted to use any vacation that had accrued before the beginning of their military service instead of unpaid leave. However, it continues to be the law that service members cannot be forced to use vacation time for military service. Reservists and members of the National Guard (when in active federal service) are also protected under the SSCRA. SSCRA (for all) begins on the first day of active duty, which means when the person ships out to basic training (Basic Training, and job-school are considered active duty for Guard and Reserve personnel, as well as active duty personnel). Some protections under the act extend for a limited time beyond active duty discharge or release but are tied to the discharge/release date. Additionally, some of the Act’s protections extend to the members’ dependents. RIGHT TO BE FREE FROM DISCRIMINATION AND RETALIATION If you: are a past or present member of the uniformed service; ...
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...of Nashville & Davidson County Business Employment Law-HRM 510 May 11, 2014 Abstract This paper addresses issues brought before the court in which Brian Petty, former police officer brought suit against the Metropolitan Government of Nashville and Davidson County for violations under the Uniformed Services Employment and Reemployment Rights Act (USERRA). 1. What were the legal issues in this case? The legal issues in Petty v. Metropolitan Gov’t of Nashville & Davidson County are that whether or not Brian Petty, the plaintiff and former police officer in this case, was truthful about the reason why he was discharged from the Army and why Metro delayed his re-employment after he returned from his mobilization with the Army, which were in violation of USERRA. First, Petty contends that Metro failed to restore him to his previous position of a patrol sergeant, which was in violation of the reemployment provisions of USERRA § 4312 and 4313. Second, Petty asserts that Metro discriminated against him because of his service with the Army, which was in violation of the discrimination provision of USERRA § 4311. In the first issue, § 4313 states the following in part: “in the case of a person whose period of service in the uniformed services was for more than 90 days - (A) in the position of employment in which the person would have been employed if the continuous employment of such person with the employer had not been interrupted by such service, or a...
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...Civil Rights Act of 1866 (http://www.eeoc.gov/laws/other.cfm#cra-1866) Summary of Act's Principle Requirements and Regulations Impacting HR - This law protects the equal right of all persons within the jurisdiction of the United States to make and enforce contracts without respect to race. Governmental Enforcement Agency - Enforced by individuals, not a federal agency Impact on HRM Functions and Policies - This includes all contractual aspects of the employment relationship, such as hiring, discharge, and the terms and conditions of employment. The Supreme Court has held that the statute also prohibits retaliation against persons who complain about race discrimination prohibited by the statute. (http://www.eeoc.gov/laws/other.cfm#cra-1866) Equal Pay Act of 1963 (http://www.eeoc.gov/laws/statutes/epa.cfm) Summary of Act's Principle Requirements and Regulations Impacting HR - Requires that male and female workers receive equal pay for work requiring equal skill, effort and responsibility, and performed under similar working conditions. (http://www.princeton.edu/hr/policies/appendix/a1/1_6/) Governmental Enforcement Agency - EEOC Impact on HRM Functions and Policies - Pay differentials are permitted when they are based on seniority, merit, quantity or quality of production, or a factor other than sex. (http://www.shrm.org/LegalIssues/FederalResources/FederalStatutesRegulationsandGuidanc/Pages/EqualPayActof1963.aspx) Title VII of the Civil Rights Act of 1964, as amended...
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...Civil Rights Act of 1866 (http://www.eeoc.gov/laws/other.cfm#cra-1866) Summary of Act's Principle Requirements and Regulations Impacting HR - This law protects the equal right of all persons within the jurisdiction of the United States to make and enforce contracts without respect to race. Governmental Enforcement Agency - Enforced by individuals, not a federal agency Impact on HRM Functions and Policies - This includes all contractual aspects of the employment relationship, such as hiring, discharge, and the terms and conditions of employment. The Supreme Court has held that the statute also prohibits retaliation against persons who complain about race discrimination prohibited by the statute. (http://www.eeoc.gov/laws/other.cfm#cra-1866) Equal Pay Act of 1963 (http://www.eeoc.gov/laws/statutes/epa.cfm) Summary of Act's Principle Requirements and Regulations Impacting HR - Requires that male and female workers receive equal pay for work requiring equal skill, effort and responsibility, and performed under similar working conditions. (http://www.princeton.edu/hr/policies/appendix/a1/1_6/) Governmental Enforcement Agency - EEOC Impact on HRM Functions and Policies - Pay differentials are permitted when they are based on seniority, merit, quantity or quality of production, or a factor other than sex. (http://www.shrm.org/LegalIssues/FederalResources/FederalStatutesRegulationsandGuidanc/Pages/EqualPayActof1963.aspx) Title VII of the Civil Rights Act of 1964, as amended...
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...Week 3 Homework Assignment for Chapters 9, 10 and 11 Chapter 9 Hardage v. CBS 1. What were the legal issues in this case? What did the court decide? In the summer of 1998, Hardage began working as an advertising account executive for KSTW-TV, a television station owned by Viacom Television Stations, Inc. and managed by CBS Broadcasting Inc. He was promoted to Local Sales Manager in February of 2000, and in this position, he worked with another Local Sales Manager, Nadene Stauffer, to manage and supervise the account executives. Patty Dean, the General Sales Manager, who was in turn supervised by defendant Sparks, the station’s General Manager, supervised both Hardage and Stauffer. Until about a month before Hardage resigned in August of 2001, he worked in the Seattle sales office whereas Sparks worked in the management office in Tacoma. Hardage contends he was sexually harassed by Sparks on several occasions and subjected to retaliation after he rejected her advances. He alleges that during Sparks' visits to the Seattle office, she repeatedly flirted with him and made inappropriate comments-such as “[y]ou need somebody that's older and more stable that can take care of you.” Leo Elbert, another employee at KSTW, stated that Sparks would “camp out” in Hardage's office, kick back in his chair with her feet on his desk, and smile and giggle in a flirtatious manner. Hardage asserts that he never flirted...
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...Employment Law Compliance Plan Name Class Number Date Professor | Memorandum To: | Traci Goldman | From: | Name | cc: | Professor | Date: | [Click to select date] | Re: | Employment Law Compliance Plan | | | In response to your recent request, I have done some research in reference to Landslide Limousine Services, expecting to open in Austin, Texas with 25 employees. In order to protect the company and its prospective employees from legal issues of discrimination, wages, and safety, the company must comply with both Federal and State employment laws. The following demonstrates important Federal and Texas employment laws that Landslide Limousines Services must acknowledge and adhere to: Texas Minimum Wage Act This employment law requires a minimum wage for non-exempt employees. The current minimum wage for the state of Texas according to the U.S. Department of Labor as of January, 1st 2014 is $7.25 per hour. The company will need to provide proof in writing of each employee’s earnings through a pay statement. This law applies to any size business and is enforced by the Texas Workforce Commission (TWC). The Equal Pay Act of 1963 (EPA) This law requires equal pay for men and women doing “substantially similar” work in terms of skill, effort, responsibility, and working conditions (Cascio, 2013 Page 455). This pay includes hourly and salary as well as overtime, vacation and sick pay, bonuses and investment plans. It is also not limited to insurance...
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...CASE STUDY VIII Employment Law For Human Resource Practice ALTHEA E. McFADDEN Professor: 2 October 2014 TO: Pepsi Cola Distribution Company – Mr. Joseph Snuffy CEO FROM: Mrs. Althea E. McFadden – Human Resource Manager Date: August 26, 2014 Re: Mr. David Doe – Discrimination Due to Military Obligation A four tour veteran of Afghanistan and Iraq Mr. Snuffy is claiming he was stripped from his position because of his military service. A complaint is being filed by Mr. Snuffy. The complaint seeks monetary and punitive damages for violating both state and federal laws that protect those serving in the military, including the Uniformed Services Employment and Reemployment Rights Act that says a person cannot be denied employment or reemployment based on their obligation to perform military service(1). In June 2014, after spending about three weeks training with the U.S. Army Reserves in Upstate New York, Mr. Snuffy returned to work as a training Coordinator and was told his position had been eliminated due to a staffing change. His office was moved to a 6-foot by 9-foot janitor closet with no electricity, phone line, or computer outlets, while his old office sat vacant for more than one year. He was also stripped of supervisory duties and his state issued cellphone. In early part of July 2014, Mr. Snuffy was offered a position in Texas, where the company said there was a greater need and would...
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