The Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. §§ 4301 to 4323 (USERRA), provides protections to military servicemembers including: (1) prohibiting employers from discriminating against military service members with respect to hiring, discharge, and other terms and conditions of employment; (2) guaranteeing certain reemployment rights for service members deployed for less than five years; and (3) prohibiting retaliation against employees who assert their USERRA rights.

USERRA complaints are initially filed with the United States Department of Labor. The Department of Labor investigates such complaints, determines whether they have merit, and attempts to voluntarily resolve complaints it determines have merit. If the Department of Labor does not resolve a complaint, regardless of whether it determines the complaint to have merit, it will refer the complaint to the Employment Litigation Section upon the request of the servicemember who filed the complaint. When the Employment Litigation Section receives an unresolved USERRA complaint from the Department of Labor, the Section reviews the Department of Labor’s investigative file accompanying the complaint to determine whether to extend representation to the complainant.

USERRA provides that the Attorney General, through the Employment Litigation Section, may represent a claimant in federal district court if he or she determines that the claimant is entitled to the rights or benefits being sought. In USERRA suits involving local government and private employers, the Attorney General is authorized by statute to provide direct legal representation to individuals by filing a lawsuit on the individual’s behalf. In USERRA suits involving state government employers, the Attorney General may file suit in the name of the United States to recover relief that benefits the complainant.

When a United States Attorney’s Office receives a complaint or other information suggesting a potential USERRA violation, that office should forward the complaint or other information to the Employment Litigation Section as soon as practicable. The Assistant Attorney General for the Civil Rights Division retains final authority to determine whether a civil rights investigation should be opened; a complaint should be filed; or, in most instances (see JM 8-2.100 and 28 C.F.R. §§ 0.160 to 0.164), a case should be settled, and on what terms. The Assistant Attorney General for the Civil Rights Division may delegate this authority to subordinate Civil Rights Division officials and United States Attorneys, where appropriate. The United States Attorney’s Office and the Employment Litigation Section may work together, as appropriate, on these investigations and any resulting litigation. Division of responsibilities is determined on a case-by-case basis.

[updated December 2022]