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Do you have employees covered by USERRA? Warning: You could be personally liable for bias

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in Discrimination and Harassment,Employment Law,Firing,Hiring,HR Management,Human Resources,Leaders & Managers,Office Management,Performance Reviews,Records Retention

Managers, supervisors and HR professionals, beware: Courts are cracking down on employers that punish employees who serve in the military.

One way is by clarifying that those who participate in hiring and firing decisions may be held personally liable for violating the Uniformed Services Employment and Reemployment Rights Act (USERRA).

Here’s the bottom line: Anybody in the supervisory chain of command of a service member’s civilian job who has a say in an adverse action against the employee may be liable if he helped prepare performance evaluations or even if he was simply involved in daily supervision.

Plus, the USERRA has no statute of limitations. An employee can file suit long after the alleged incident. That makes the USERRA unique among employment discrimination laws, which typically require fast action.

Recent case: Oakley Baldwin worked for the city of Greensboro as a solid-waste manager. He was one of 270 employees...(register to read more)

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