April 5, 2010

Dear Friend of the Military:

Federal Government as Model Employer

The very first section of the Uniformed Services Employment and Reemployment Rights Act (USERRA) expresses the "sense of Congress that the Federal Government should be a model employer in carrying out the provisions of this chapter."  38 U.S.C. 4301(b).  In 2008, Congress amended USERRA by adding a new final section, 38 U.S.C. 4335.  That section requires that all federal supervisors and human relations professionals receive training in USERRA and how it is to be applied to that particular federal agency or department.

Despite these excellent statutory provisions, federal agencies are often the worst employers with respect to complying with USERRA with respect to agency employees or prospective employees who are members of the National Guard or Reserve, and this even includes agencies and commands within the Department of Defense (DOD).  Of the six uniformed services covered by USERRA, four of them are in DOD--the Coast Guard is in the Department of Homeland Security and the Public Health Service commissioned corps is in the Department of Health and Human Services.  As the principal beneficiary of USERRA, DOD should especially strive for "model employer" status in its treatment of its civilian employees and prospective employees.

I have addressed the issue of federal agency as USERRA violator in three recent Law Review articles--Law Review 1016, Law Review 1017, and Law Review 1021. These articles deal with the Army Cadet Command (1016) and the Defense Logistics Agency (1017) violating USERRA in their treatment of Reserve Component members as applicants for federal employment.  Law Review 1021 is about another federal department (outside DOD) violating USERRA by attempting to prevent federal employees from absenting themselves from their civilian jobs for military training or service.

The emphasis point is that USERRA most definitely applies to federal agencies as employers, just as it applies to state and local governments and private employers regardless of size.  Federal agencies are not exempt--indeed, federal agencies are expected to be "model employers" in supporting employees and prospective employees who are National Guard or Reserve members.  Please pass this word along.

Major Contribution for Law Center Received

ROA life member Colonel George C. Aucoin, Jr., USMCR has made a very generous contribution ($5,000) to ROA, in support of the Servicemembers Law Center.  We are using this contribution to purchase a one-year subscription to LEXIS, a computerized legal research service.  The LEXIS account will enable me to keep track of new cases as they are decided and published and to ensure that the advice and information I provide (in articles, in telephone conversations, and in e-mails) is complete and legally correct.

George Aucoin is an attorney in Louisiana--he takes USERRA cases around the country on behalf of National Guard and Reserve members whose USERRA rights have been violated by civilian employers.  He has had some most notable successes.  For a detailed discussion of one of his early victories, please see Law Review 172.

Support the Servicemember's Law Center

You can make a contribution by credit or debit card by clicking the Support button below.  Or just mail a check to ROA at 1 Constitution Ave. NE  Washington, DC  20002.  Please make the check payable to “ROA” and mark it for “Servicemembers Law Center.”

Very respectfully,

Samuel F. Wright
Captain, JAGC, USN (Ret.)
Director, Servicemembers Law Center