BRIAN J GRABER LLC is a USERRA attorney representing employees in Illinois, Indiana, and southwestern Michigan who are discriminated against or retaliated against by their employers for military service obligations in violation of their USERRA rights. In January of 2025, the Uniformed Services Employment and Reemployment Act (USERRA) was amended to provide employees serving in the armed forces with broader protections against discrimination and retaliation as well as broader remedies when their employers violate their rights. The 2025 amendments to USERAA expanded retaliation protections and the available remedies for military discrimination and retaliation. The U.S. Department of Labor provides a guide to your USERRA rights. Click here to learn more about your rights under USERRA.
Protections from Military Service Discrimination.
USERRA, 38 U.S.C. 4311(a) is the federal law that protects members of the armed services from employment discrimination based on their military service or their obligations to perform service in the armed forces. The anti-discrimination provision of USERRA provides as follows:
A person who is a member of, applies for be a member of, perfroms, has performed, applies to perfrom, or has an obligation to perfrom service in a uniformed service shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the bsiis of that membership, application for membership, perfromance of service, application for service, or obligation.
USERRA, 38 U.S.C. 4311(a)
USERRA, 38 U.S.C. 4311(a) applies to federal, state, local, and private-sector employees. In practice, many employers that are known violators of USERRA, 38 U.S.C. 4311(a) are police and fire departments and medical employers. If you believe that you were discriminated against by an employer because of your military service, contact BRIAN J GRABER LLC, a USERRA lawyer in Illinois at (312) 291-4648, in Indiana at (574) 395-5189, and in Michigan at (269) 230-6054 for a free confidential consultation.
Protections from Retaliation.
In January of 2025, USERRA, 38 U.S.C. 4311(b), protections from retaliation were amended to provide broader protections to employees. As amended in 2025 the anti-retaliation provision of USERRA provides as follows:
An employer may not discrimination in employment against or take any adverse employment action or other retaliatory action against any person because such person (1) has taken an action to enforce a protection afforded any person under this chapter, (2) has testified or otherwise made a statement in or in connection with any protceeding under this chapter, (3) has assisted or participqted in an investation under this chapter, or (4) has exercised a right provided for in this chapter. The prohibition in this subsection shall apply with respect to a person regardless of whether that person has perfromed service in the uniformed services.
USERRA, 38 U.S.C. 4311(b)
The plain language of Section 4311(b) now includes not only “any adverse action” but also “other retaliatory action” taken by an employer. The anti-retaliation provisions of USERRA, 38 U.S.C. 4311(b) are expended to protect employees, who are not in the armed forces and who engage in the protected activities listed in Section 4311(b)(1) through (4).
The broader amended protections of USERRA, 4311(b) apply to federal, state, local, and private-sector employees. If you believe that you were retaliated against by an employer because of your protected activity in violation of your rights, contact BRIAN J GRABER LLC, a USERRA lawyer in Illinois at (312) 291-4648, in Indiana at (574) 395-5189, and in Michigan at (269) 230-6054 for a free confidential consultation.
2025 Amendments to USERRA Enhanced Available Remedies.
The 2025 Amendments to USERRA, 38 U.S.C. 4323(d)(1)(A)-(D) expanded the available remedies to employees discriminated or retaliated against in violation of their rights under Sections 4311(a) and (b). USERRA, 38 U.S.C. 4323(d)(1)(A)-(D) provides the following remedies for violations of your USERRA rights:
- The Court may require the employer to comply with the provisions of this chapter;
- The court may require the employer to compensate the person for any loss of wages or benefits suffered by reason of the employer’s failure to comply with the provisions of this chapter;
- The court may require the employer to pay the person the amount for any lost wages or benefits and interest on such amount, calculated at a rate of 3% per year;
- The Court may require the employer to pay the person the greater of $50,000.00 or the amount equal to the loss of wages and benefits with the 3% interest as liquidated damages if the court determines that the employer knowingly failed to comply with the provisions of this chapter;
- The court is authorized by 38 U.S.C. 4342(e)(1) and (2) full equity powers and issue an injunction;
- The court is allowed under 38 U.S.C. 4342(h)(2) to award employees who prevail reasonable attorney fees, expert witness fees, and other litigation expenses.
Under the new amendments, a court can now require an employer to pay its employee liquidated damages in an amount that is greater of $50,000.00 or an amount equal to the sum of the lost wages and benefits with the 3% prejudgment interest. The amendments to the liquidated damages provision of USERRA dropped the term “willful” and now only requires a determination that the employer “knowingly failed to comply with Sections 4311(a) or (b).
If you believe that your employer discriminated or retaliated against you in violation of your rights under USERRA contact BRIAN J GRABER LLC, a USERRA attorney, in Illinois at (312) 291-4648, in Indiana at (574) 395-5189, or in Michigan at (269) 230-6054 for a free confidential consultation. If you are employed in Illinois you may have additional rights under ISERRA and the Illinois Human Rights Act for military service discrimination. Click here to learn more about your rights under ISERRA and the Illinois Human Rights Act.
The ELCRA provides a cause of action for third-party retaliation claims.