A C M X - USERRA

The subject of "Veterans' Rights" gets extraordinarily complicated when you examine the federal laws and federal agencies charged with upholding those laws. There is very limited understanding of the full scope of laws which support veterans' rights since no single agency has the task of integrating and enforcing these laws. Here is a breakdown of what federal laws and regulations support veterans' rights:

Uniformed Services Employment and Reemployment Rights Act (USERRA)

U.S. Code Title 38, Part III, Chapter 43

USERRA is the gold standard with regards to Veterans' Employment Rights. It covers all U.S. employers (federal contractor, non-federal contractor, and U.S. Government, ect....). It outlines the requirements for both employers and veterans in meeting the standards of federal law.
As specific as USERRA is with regards to protection afforded to veterans, the cost to an employer for violating a veteran's rights under USERRA is fairly limited. Also, recovery of damages under USERRA leads down a path of mediation and/or litigation which can be quite lengthy.

- USERRA informal mediation is provided by
U.S. DoD - Employer Support of the Guard and Reserves (ESGR)

- USERRA formal investigation and mediation is provided by U.S. DoL - Veterans' Employment and Training Service (VETS)
- USERRA litigation (involving the U.S. Government) is provided by U.S. Office of Special Counsel
- USERRA litigation (not involving the U.S. Government) is provided by U.S. Department of Justice - Servicemember Support

Vietnam Era Veterans' Readjustment Assistance Act of 1974

U.S. Code Title 38, Part III, Chapter 42

Contrary to popular belief this act does not just cover "Vietnam Veterans". CFR: Title 41, Part 60-250 and CFR: Title 41, Part 60-300 establish protections for "Disabled Veterans", "Other Protected Veteran" (veterans authorized the wear of an "Expeditionary" service medal - Example: Armed Forces Expeditionary Medal), "Recently Separated Veteran", and "Armed Forces Service Medal Veteran" working for federal contractors.
The VEVRAA protects / establishes affirmative action for veterans employed by federal contractors. If an employer discriminates against a veteran under the VEVRAA, the employer can face heavy sanctions and penalties in the forms of:

- Withholding Contract Payment
- Contract Termination
- Debarment from Future Contracts
- Along with other penalties specified in Executive Order 11246

VEVRAA is investigated and enforced by U.S. DoL - Federal Contract Compliance Programs (OFCCP)