Q. How does the recent amendment to the Uniformed Services Employment and Reemployment Rights Act (USERRA) affect employers?
A. The Veterans Opportunity to Work (VOW) to Hire Heroes Act amended USERRA to recognize claims of hostile work environment harassment based on the individual’s military status. It prohibits discrimination based on military status with respect to “the terms, conditions, or privileges of employment.”
This amendment establishes the same standard as a Title VII hostile work environment claim. As a result, individuals can bring a hostile work environment cause of action under USERRA.
For more on returning veterans, see “The ‘surge home’: Welcome service members back to work”.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Was that insubordination, or an accommodations request?
- Worker settled case? Beware providing bad references that could lead to retaliation claims
- Miami ADA case could lead to Supreme Court hearing
- Supreme Court rules on maternity leave, pregnancy discrimination