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The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA, Pub. L. 103–353, codified as amended at 38 U.S.C. §§ 4301–4335) was passed by U.S. Congress and signed into law by U.S. President Bill Clinton on October 13, 1994 to protect the civilian employment of active and reserve military personnel in the United States called to active duty.
The Extraordinary Employer Support Award was created to recognize sustained employer support of the National Guard and Reserve Service. Only prior recipients of the Secretary of Defense Employer Support Freedom Award or the Pro-Patria Award, who have demonstrated sustained support for three years after receiving one of those awards, are ...
Staub v. Proctor Hospital, 562 U.S. 411 (2011), is a United States Supreme Court case in which the Court held that an employer may be held liable for employment discrimination under the Uniformed Services Employment and Reemployment Rights Act (USERRA) if a biased supervisor's actions are a proximate cause of an adverse employment action, even if the ultimate decision-maker was not personally ...
The United States Office of Special Counsel (OSC) is a permanent independent federal investigative and prosecutorial agency whose basic legislative authority comes from four federal statutes: the Civil Service Reform Act, the Whistleblower Protection Act, the Hatch Act, and the Uniformed Services Employment and Reemployment Rights Act (USERRA).
Activations are mandatory at times and service members are covered under the Uniformed Services Employment and Reemployment Rights Act (USERRA) as enacted by California state law (7 MVC 394 et. seq. and 566). Employers are required to comply with these laws when service members are called to Emergency State Active Duty (ESAD).
However, if mobilized, they would be compensated. §5903.02 of the Ohio Revised Code provides OHMR personnel protection under the Uniformed Services Employment and Reemployment Act (USERRA) which addresses military leave from employment for both training and deployment.
Often, employers will use BFOQ as a defense to a Disparate Treatment theory employment discrimination. BFOQ cannot be a cost justification in wage gaps between different groups of employees. [96] Cost can be considered when an employer must balance privacy and safety concerns with the number of positions that an employer are trying to fill. [96]
The Cat's Paw theory is a legal doctrine in employment discrimination cases that derives its name from the fable "The Monkey and the Cat," attributed to Jean de La Fontaine. In the fable, a cunning monkey persuades a naïve cat to retrieve chestnuts from a fire, with the cat ultimately burning its paws while the monkey enjoys the chestnuts. [1]