A new project adds another layer of bureaucratic oversight about which federal employers should be aware when dealing with employees exercising their rights to job protection under the Uniformed Services Employment and Reemployment Rights Act (USERRA).
The U.S. Office of Special Counsel has begun a three-year demonstration project expanding its role in enforcing military servicemember rights under USERRA.
“We welcome the opportunity to assist more veterans and service members in their transition back to civilian life by protecting their job rights,” said Special Counsel Carolyn Lerner in a statement. “I am committed to helping ensure that the Federal government serves as a ‘model employer’ under USERRA.”
The OSC’s new pilot project will share responsibility with the Veterans Employment & Training Service for investigating USERRA complaints involving federal agencies.
Under current law, federal USERRA claims are first investigated by VETS, which is part of the U.S. Department of Labor. If VETS cannot resolve the dispute, the complainant can request referral to the OSC for possible representation before the U.S. Merit Systems Protection Board.
USERRA complaints against federal agencies should continue to be filed with VETS. VETS will transfer the appropriate cases to the OSC for investigation. The OSC said it expects to receive an additional 450 cases during the pilot program.
The OSC conducted a similar project from 2005 to 2007, claiming it was “highly successful in achieving corrective actions and favorable legal precedents on behalf of veterans, reservists, and members of the Guard,” according to the counsel’s office’s statement.
Enacted by Congress in 1994, USERRA prohibits employment discrimination against veterans of the U.S. armed forces and members of the National Guard and Reserves, entitling them to reinstatement to their civilian jobs after their return from military duty.
The OSC is the independent investigative and prosecutorial agency charged with safeguarding the federal merit system and protecting federal employees and applicants from prohibited personnel practices, especially retaliation against whistle-blowers. The OSC maintains a web site on USERRA.