Military Service Discrimination Under USERRA

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) prohibits employers from discriminating against you based on your past, present, or prospective service in the United States uniformed services. The uniformed services include not only the Armed Forces (Army, Navy, Marine Corps, Air Force, Space Force, and Coast Guard), but also the Army National Guard, the Air National Guard, commissioned corps of the Public Health Service, and several other services.

Current and former employees (full-time and part-time), as well as job applicants, receive protections under USERRA, but independent contractors do not. USERRA applies broadly to employers. Unlike Title VII, USERRA has no exception for small private sector employers with fewer than 15 employees.

If you win under a USERRA claim, you might be entitled to 1) lost wages or benefits plus three percent annual interest, 2) liquidated damages (double damages) equal to your lost wages or benefits, or $50,000 (whichever is greater), if your employer willfully violated USERRA, and 3) attorney's fees and costs.

Thickstun Luo LLC may be able to help you pursue a legal claim in Illinois or Indiana if your employer discriminated against you because of your military service in violation of USERRA. Contact us today for a consultation.

LEGALESE is an online blog by Thickstun Luo LLC. The blog explains legal terms and concepts in plain English.

Disclaimer: The LEGALESE blog and the posts therein do not form an attorney-client relationship between you and Thickstun Luo LLC. Furthermore, this blog is not intended to render legal advice regarding your specific situation. You should consult an attorney for specific legal advice. Some content in LEGALESE blog posts pertain to state-specific legal rules and concepts that may not be applicable in every jurisdiction.