Copy
Employer Handbook Posts for 12/01/2020
View this email in your browser
The Employer Handbook by Eric B. Meyer

Want three ways to improve employment of U.S. veterans with disabilities? The EEOC has got your back.

Disability, USERRA
Share
Share
Tweet
veteran-2698167_640

Image by Shonda Ranson from Pixabay

Late last week, the EEOC revised and released three publications that discuss how the Americans with Disabilities Act (ADA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA) apply to veteran employees and those who employ them.

The revised publications are:

Since I haven’t posted much here on USERRA before, how about a quick primer on what that law requires?

If the ADA is the disability discrimination law, which it is because “disability” is right in the title, then USERRA is the military discrimination law. Specifically, USERRA prohibits employment discrimination against someone who has served, does serve, or intend to serve in the military.

If you think that juries abhor disability discrimination, you ain’t seen nothing when it comes to allegations of military discrimination. In other words, try not to violate USERRA.

Employers cannot deny initial employment, reemployment, retention in employment, promotion, or any benefit of employment to a person based on a past, present, or future service obligation. USERRA also has an anti-retaliation provision that precludes employers from retaliating against a person because of an action taken to enforce or exercise any USERRA right or for assisting in a USERRA investigation.

But, there are two parts to USERRA, the second of which can get employers into trouble even without showing any anti-military bias. It’s a bit like FMLA interference.

A pre-service employer must reemploy servicemembers returning from a period of service in the uniformed services if those servicemembers meet these five criteria. Employers are required to provide to persons entitled to the rights and benefits under USERRA a notice of the rights, benefits, and obligations of such persons and such employers under USERRA.

A court may order an employer to compensate a prevailing claimant for lost wages or benefits and liquidated damages for “willful” violations.

How has your company succeeded in hiring and retaining veterans with disabilities? Email me and let me know.


The Employer Handbook has a YouTube Channel. If you've missed any of the recent COVID-19 HR Facebook Live events or Zoom Chats, watch them on YouTube here. While you're there, be sure to subscribe to the channel. That way, you won't miss any updates.
Readers are asking whether my team and I can help their businesses with COVID-19 return-to-work matters, as well as FFCRA and CARES Act compliance.

The answer is YES!

If you'd like our help, please email me for more information.
Have you read the news?
FisherBroyles is recession-proof. Attorneys continue to get paid exactly what they earn. Indeed, our partners always keep 80% of the revenue from work that they bring in and perform. There are no sharp elbows, star chambers, or billable-hour requirements (among other highlights). We are so much different than other large law firms.

FisherBroyles has been on 🔥🔥🔥 and we are still hiring!

If you have AmLaw200 experience and a significant portable book of business, we should really talk. You can reach me confidentially. Text or Signal: (202) 441-1424.
Looking for a compliance trainer or a speaker for your next HR event? I come in two varieties, clean-shaven or Duck Dynasty. Click here for booking details.

Here's what you may have missed recently...

Copyright © 2020 The Employer Handbook, All rights reserved.


Unsubscribe | Update subscription | Preferences | Disclaimer | Privacy Policy | Attorney Advertising

Email Marketing Powered by Mailchimp
Like
Link
Lurk