USERRA: Accommodate returning vets–but insist that they follow reinstatement rules

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in Discrimination and Harassment,Human Resources

Employees who serve in the military are entitled to return to their jobs after their active duty ends and otherwise receive special consideration for service. But those rights have limits.

For example, someone injured during military duty may no ­longer be able to perform his old job. Employers must to try to make reasonable accommodations so the employee can perform the job’s essential functions—and that accommodation may include placement in another equivalent position. Re­­turn­­ing employees who refuse to take that position can be terminated.

Recent case: Rodney worked as a police officer for the Dallas Inde­­pen­­dent School District. Working in and around schools, he was responsible for patrolling school grounds, preventing crimes, apprehending criminals and responding to emergencies.

He was also a member of the U.S. Army Reserve, and was twice called to active duty in Afghanistan and Iraq. During his deployment to Ira...(register to read more)

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