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38 U.S.C. § 4322 — Enforcement of employment or reemployment rights

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 4322 — Enforcement of employment or reemployment rights

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Stable record: federal_law:legal_authorities:record_usc_00ea1b9cb822ce8ed21ed58d
Source file: Laws/federal/codes/united-states-code/title-38/section-4322-enforcement-of-employment-or-reemployment-rights--d80a10dd89.md
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Source location: Title 38, Chapter 43, § 4322; chapter-043-employment-and-reemployment-rights-of-members-of-the-uniformed-services.md

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**(a)** A person who claims that— (1) such person is entitled under this chapter to employment or reemployment rights or benefits with respect to employment by an employer; and (2) (A) such employer has failed or refused, or is about to fail or refuse, to comply with the provisions of this chapter; or (B) in the case that the employer is a Federal executive agency, such employer or the Office of Personnel Management has failed or refused, or is about to fail or refuse, to comply with the provisions of this chapter, may file a complaint with the Secretary in accordance with subsection (b), and the Secretary shall investigate such complaint. **(b)** Such complaint shall be in writing, be in such form as the Secretary may prescribe, include the name and address of the employer against whom the complaint is filed, and contain a summary of the allegations that form the basis for the complaint. **(c)** (1) Not later than five days after the Secretary receives a complaint submitted by a person under subsection (a), the Secretary shall notify such person in writing of his or her rights with respect to such complaint under this section and section 4323 or 4324, as the case may be. (2) The Secretary shall, upon request, provide technical assistance to a potential claimant with respect to a complaint under this subsection, and when appropriate, to such claimant’s employer. **(d)** The Secretary shall investigate each complaint submitted pursuant to subsection (a). If the Secretary determines as a result of the investigation that the action alleged in such complaint occurred, the Secretary shall attempt to resolve the complaint by making reasonable efforts to ensure that the person or entity named in the complaint complies with the provisions of this chapter. **(e)** If the efforts of the Secretary with respect to any complaint filed under subsection (a) do not resolve the complaint, the Secretary shall notify the person who submitted the complaint in writing of— (1) the results of the Secretary’s investigation; and (2) the complainant’s entitlement to proceed under the enforcement of rights provisions provided under section 4323 (in the case of a person submitting a complaint against a State or private employer) or section 4324 (in the case of a person submitting a complaint against a Federal executive agency or the Office of Personnel Management). **(f)** Any action required by subsections (d) and (e) with respect to a complaint submitted by a person to the Secretary under subsection (a) shall be completed by the Secretary not later than 90 days after receipt of such complaint. **(g)** This subchapter does not apply to any action relating to benefits to be provided under the Thrift Savings Plan under title 5.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7622 — Eligibility; application; agreement

**(a)** To be eligible to participate in the Tuition Reimbursement Program, an individual must be a full-time employee in the Department permanently assigned to a Department health-care facility and must be enrolled in a course of training offered by an institution approved by the Secretary leading toward completion of (1) an associate or higher degree in nursing, or (2) a masters degree or doctoral degree in nursing. **(b)** In selecting applicants for acceptance in the Tuition Reimbursement Program, the Secretary (in addition to according priorities as set forth in [section 7603(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7603/d&num=0&edition=prelim)) shall give special consideration and emphasis to individuals pursuing a course of study which will expedite an increase in the number of registered nurses employed by the Department. The Secretary shall then give priority, in the following order, to— (1) individuals who have been employed as full-time employees in the Nursing Service in the Veterans Health Administration; and (2) individuals who have previously received tuition reimbursement under the Tuition Reimbursement Program. **(c)** An agreement between the Secretary and a participant in the Tuition Reimbursement Program shall (in addition to the requirements set forth in [section 7604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7604&num=0&edition=prelim)) contain the following: (1) The Secretary’s agreement to provide the participant with tuition reimbursement following successful completion (as determined, pursuant to regulations prescribed by the Secretary, by the educational institution involved) of (A) a course or courses required for the course of study desc

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7622

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 4311 — Discrimination against persons who serve in the uniformed services and acts of reprisal prohibited

**(a)** A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform 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 basis of that membership, application for membership, performance of service, application for service, or obligation. **(b)** An employer may not discriminate 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 proceeding under this chapter, (3) has assisted or otherwise participated in an investigation 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 performed service in the uniformed services. **(c)** An employer shall be considered to have engaged in actions prohibited— (1) under subsection (a), if the person’s membership, application for membership, service, application for service, or obligation for service in the uniformed services is a motivating factor in the employer’s action, unless the employer can prove that the action would have been taken in the absence of such membership, application for membership, service, application for service, or obligation for service; or (2) under subsection (b), if the person’s (A) action to enforce a protection afforded any person under this chapter, (B) testimony or making of a statement in or in connection with any proceeding under this chapte

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 4301 — Purposes; sense of Congress

**(a)** The purposes of this chapter are— (1) to encourage service in the uniformed services by eliminating or minimizing the disadvantages to civilian careers and employment which can result from such service; (2) to minimize the disruption to the lives of persons performing service in the uniformed services as well as to their employers, their fellow employees, and their communities, by providing for the prompt reemployment of such persons upon their completion of such service; and (3) to prohibit discrimination against persons because of their service in the uniformed services. **(b)** It is the sense of Congress that the Federal Government should be a model employer in carrying out the provisions of this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 4322 — Enforcement of employment or reemploy-

Page 1011 TITLE 38—VETERANS’ BENEFITS § 4322 compliance with that section would cause such employer, or such entity controlled by an em- ployer, to violate the law of the foreign country in which the workplace is located. (Added Pub. L. 105–368, title II, § 212(b)(1), Nov. 11, 1998, 112 Stat. 3331.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable only with respect to causes of ac- tion arising after Nov. 11, 1998, see section 212(c) of Pub. L. 105–368, set out as an Effective Date of 1998 Amend- ment note under section 4303 of this title. SUBCHAPTER III—PROCEDURES FOR AS- SISTANCE, ENFORCEMENT, AND INVES- TIGATION § 4321. Assistance in obtaining reemployment or other employment rights or benefits The Secretary (through the Veterans’ Employ- ment and Training Service) shall provide assist- ance to any person with respect to the employ- ment and reemployment rights and benefits to which such person is entitled under this chapter. In providing such assistance, the Secretary may request the assistance of existing Federal and State agencies engaged in similar or related ac- tivities and utilize the assistance of volunteers. (Added Pub. L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3164.) Editorial Notes PRIOR PROVISIONS A prior section 4321 was renumbered section 7621 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective with respect to reemployments ini- tiated on or after the first day after the 60-day period beginning Oct. 13, 1994, with transition rules, except that provisions necessary for implementation of sec- tion 4311 of this title are effective Oct. 13, 1994, see sec- tion 8 of Pub. L. 103–353, set out as a note under section 4301 of this title. § 4322. Enforcement of employment o

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