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Tag Archives: Benefit of Employment

Fifth Circuit Decides That Protection From a Hostile Work Environment Is Not a “Benefit of Employment” for Service Members Under USERRA

Posted in Uniformed Services Employment and Re-employment Rights Act (USERRA)

Members of the armed forces are generally protected from discrimination in their employment by civilian employers under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA). In addition to individual state laws that may protect service members, USERRA makes it illegal for an employer to deny a “benefit of employment” to a member of the armed forces based on such membership or the employee’s performance of service. Its primary purpose being to encourage people to join the military reserves, USERRA claims have increased in frequency during the past decade as reservists have been called to long stints of active duty due to U.S. military commitments in Afghanistan and Iraq.

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