LEG500.doc - Ringo Chan Strayer University LEG500 Law Ethics and Corporate Governance Professor Lori Baggot Professor Petagaye Fancy 1 Analyze identify

LEG500.doc - Ringo Chan Strayer University LEG500 Law...

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Ringo Chan Strayer University LEG500 Law, Ethics, and Corporate Governance Professor Lori Baggot, Professor Petagaye Fancy June 10, 2019
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1. Analyze, identify and explain recent legislation, within the last 10 years, that helps to protect employees from discrimination in the workplace. Provide at least two federal legislative protections. Provide some insight when the federal legislation conflicts with the state. The Uniformed Service Employment and Reemployment Rights Act of 1994 (hereinafter referred to as “USERRA”), 38 U.S.C. §§ 4301–4335, was enacted by the Congress to protect employment rights of returning service members. It applies to literally all employers in public, private and federal sector, regardless of the size of the employer. In 2011, the USERRA was amended to cover hostile work environment motivated by anti- military animus. The USERRA is becoming increasingly important due to a growing presence of veterans and citizen-soldiers in the workforce. According to the Bureau of Labor statistics, 19.2 million Americans were veterans as of 2018, which accounts for 8 percent of the total workforce. Each year, approximately 200,000 to 250,000 troops transition from the military to civilian workforce. As of 2018, there is about 1 million personnel serve in the Reserve Component. The USERRA has far-reaching impacts on national security and hard power because it affects the willingness and eagerness of qualified men and women to serve in the armed forces, which could hamper the projection of national power in terms of Diplomatic, Information, Military, and Economic (DIME). The USERRA has two major objectives, namely, anti-discrimination and reemployment rights. It prohibits employers from denying individuals' employment rights in terms of hiring, reemployment, retention, promotion, and other benefits on the basis of past, present, and future military membership. Most employment discrimination laws have statute of limitations that disallows prosecution of crimes after the specified time has passed. It is noteworthy that the Veterans Benefit and Improvement Act of 2008 (VBIA) eliminated the statute of limitations for USERRA claims, enabling veterans and service
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members to pursue discrimination claims retroactively and indefinitely regardless of time frame. Similar to other well-established anti-discrimination laws, the USERRA prohibits retaliation by employers. In order to assert a USERRA claim, an individual must meet the following criteria: 1) he/she must have left a civilian position for military obligation voluntarily and involuntarily; 2) he/she must give employer advanced verbal or written notice ( unless military necessity or other circumstances makes advanced notice impossible or unreasonable) ; 3) cumulative period of absence must not exceed five (5) years; 4) he/she must not have left active duty under other-than-honorable discharge or due to court martial; and 5) he/she must initiate reemployment application in a timely manner.
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