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2 U.S.C. § 1316 — Rights and protections relating to veterans’ employment and reemployment

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

2 U.S.C. § 1316 — Rights and protections relating to veterans’ employment and reemployment

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Source file: Laws/federal/codes/united-states-code/title-2/section-1316-rights-and-protections-relating-to-veterans-employment-and-reemployment--f633abab2a.md
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Source location: Title 2, Chapter 24, § 1316; chapter-024-congressional-accountability.md

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**(a) Employment and reemployment rights of members of uniformed services** (1) **In general** — It shall be unlawful for an employing office to— (A) discriminate, within the meaning of subsections (a) and (b) of [section 4311 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4311&num=0&edition=prelim), against an eligible employee; (B) deny to an eligible employee reemployment rights within the meaning of sections 4312 and 4313 of title 38; or (C) deny to an eligible employee benefits within the meaning of sections 4316, 4317, and 4318 of title 38. (2) **Definitions** — For purposes of this section— (A) the term “eligible employee” means a covered employee performing service in the uniformed services, within the meaning of [section 4303(13) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4303/13&num=0&edition=prelim), whose service has not been terminated upon occurrence of any of the events enumerated in [section 4304 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4304&num=0&edition=prelim), (B) the term “covered employee” includes employees of the Government Accountability Office, and (C) the term “employing office” includes the Government Accountability Office. **(b) Remedy** The remedy for a violation of subsection (a) shall be such remedy as would be appropriate if awarded under [section 4323(d) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4323/d&num=0&edition=prelim). **(c) Regulations to implement section** (1) **In general** — The Board shall, pursuant to [section 1384 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1384&num=0&edition=prelim), issue regulations to implement this section. (2) **Agency regulations** — The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsection (a) except to the extent that the Board may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section. **(d) Effective date** (1) **In general** — Except as provided in paragraph (2), subsections (a) and (b) shall be effective 1 year after January 23, 1995. (2) **Government Accountability Office and Library of Congress** — This section shall be effective with respect to the Government Accountability Office and the Library of Congress 1 year after transmission to the Congress of the study under [section 1371 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1371&num=0&edition=prelim).

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

2 U.S.C. § 1384 — Substantive regulations

**(a) Regulations** (1) **In general** — The procedures applicable to the regulations of the Board issued for the implementation of this chapter, which shall include regulations the Board is required to issue under subchapter II (including regulations on the appropriate application of exemptions under the laws made applicable in subchapter II) are as prescribed in this section. (2) **Rulemaking procedure** — Such regulations of the Board— (A) shall be adopted, approved, and issued in accordance with subsection (b); and (B) shall consist of 3 separate bodies of regulations, which shall apply, respectively, to— (i) the Senate and employees of the Senate; (ii) the House of Representatives and employees of the House of Representatives; and (iii) all other covered employees and employing offices. **(b) Adoption by Board** The Board shall adopt the regulations referred to in subsection (a)(1) in accordance with the principles and procedures set forth in [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim) and as provided in the following provisions of this subsection: (1) **Proposal** — The Board shall publish a general notice of proposed rulemaking under [section 553(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553/b&num=0&edition=prelim), but, instead of publication of a general notice of proposed rulemaking in the Federal Register, the Board shall transmit such notice to the Speaker of the House of Representatives and the President pro tempore of the Senate for publication in the Congressional Record on the first day on which both Houses are in session following such transmittal. Such notice shall set forth the recommendations of th

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

2 U.S.C. § 1371 — Study and recommendations regarding General Accounting Office, Government Printing Office, and Library of Congress

**(a) In general** The Board shall undertake a study of— (1) the application of the laws listed in subsection (b) to— (A) the General Accounting Office; (B) the Government Printing Office; and (C) the Library of Congress; and (2) the regulations and procedures used by the entities referred to in paragraph (1) to apply and enforce such laws to themselves and their employees. **(b) Applicable statutes** The study under this section shall consider the application of the following laws: (1) Title VII of the Civil Rights Act of 1964 ([42 U.S.C. 2000e](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e&num=0&edition=prelim) et seq.), and related provisions of [section 2302 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302&num=0&edition=prelim). (2) The Age Discrimination in Employment Act of 1967 ([29 U.S.C. 621](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section621&num=0&edition=prelim) et seq.), and related provisions of [section 2302 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302&num=0&edition=prelim). (3) The Americans with Disabilities Act of 1990 ([42 U.S.C. 12101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12101&num=0&edition=prelim) et seq.), and related provisions of [section 2302 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302&num=0&edition=prelim). (4) The Family and Medical Leave Act of 1993 ([29 U.S.C. 2611](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2611&num=0&edition=prelim) et seq.), and related provisions of sections 6381 through 6387 of title 5. (5) The Fair Labor Standards Act of 1938 ([29 U

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

38 U.S.C. § 4304 — Character of service

A person’s entitlement to the benefits of this chapter by reason of the service of such person in one of the uniformed services terminates upon the occurrence of any of the following events: (1) A separation of such person from such uniformed service with a dishonorable or bad conduct discharge. (2) A separation of such person from such uniformed service under other than honorable conditions, as characterized pursuant to regulations prescribed by the Secretary concerned. (3) A dismissal of such person permitted under [section 1161(a) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1161/a&num=0&edition=prelim). (4) A dropping of such person from the rolls pursuant to [section 1161(b) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1161/b&num=0&edition=prelim).

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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

2 U.S.C. § 1361 — Generally applicable remedies and limitations

**(a) Attorney’s fees** If a covered employee, with respect to any claim under this chapter, or a qualified person with a disability, with respect to any claim under [section 1331 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1331&num=0&edition=prelim), is a prevailing party in any proceeding under section 1405, 1406, 1407, or 1408 of this title, the hearing officer, Board, or court, as the case may be, may award attorney’s fees, expert fees, and any other costs as would be appropriate if awarded under [section 2000e–5(k) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–5/k&num=0&edition=prelim). **(b) Interest** In any proceeding under section 1405, 1406, 1407, or 1408 of this title, the same interest to compensate for delay in payment shall be made available as would be appropriate if awarded under [section 2000e–16(d) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–16/d&num=0&edition=prelim). **(c) Civil penalties and punitive damages** No civil penalty or punitive damages may be awarded with respect to any claim under this chapter. **(d) Exclusive procedure** (1) **In general** — Except as provided in paragraph (2), no person may commence an administrative or judicial proceeding to seek a remedy for the rights and protections afforded by this chapter except as provided in this chapter. (2) **Veterans** — A covered employee under [section 1316 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1316&num=0&edition=prelim) may also utilize any provisions of chapter 43 of title 38 that are applicable to that employee. **(e) Construction** (1) **Definitions and exemptions** — Except where inc

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

38 U.S.C. § 101 — Definitions

For the purposes of this title— (1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively. (2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable. (3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried. (4) (A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and— (i) who is under the age of eighteen years; (ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or (iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution; and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl

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

2 U.S.C. § 1316 — Rights and protections relating to vet-

Page 314 TITLE 2—THE CONGRESS § 1316 plement the statutory provisions referred to in subsection (a) except insofar as the Board may determine, for good cause shown and stat- ed together with the regulation, that a modi- fication of such regulations would be more ef- fective for the implementation of the rights and protections under this section. (d) Effective date (1) In general Except as provided in paragraph (2), sub- sections (a) and (b) shall be effective 1 year after January 23, 1995. (2) Government Accountability Office and Li- brary of Congress This section shall be effective with respect to the Government Accountability Office and the Library of Congress 1 year after trans- mission to the Congress of the study under section 1371 of this title. (Pub. L. 104–1, title II, § 205, Jan. 23, 1995, 109 Stat. 11; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 115–141, div. I, title I, § 153(a)(2)(B), Mar. 23, 2018, 132 Stat. 785.) Editorial Notes AMENDMENTS 2018—Subsec. (a)(2). Pub. L. 115–141 struck out ‘‘and the Library of Congress’’ after ‘‘the Government Ac- countability Office’’ in two places. 2004—Subsec. (a)(2). Pub. L. 108–271 substituted ‘‘Gov- ernment Accountability Office’’ for ‘‘General Account- ing Office’’ in two places. Subsec. (d)(2). Pub. L. 108–271 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’ in heading and text. § 1316. Rights and protections relating to vet- erans’ employment and reemployment (a) Employment and reemployment rights of members of uniformed services (1) In general It shall be unlawful for an employing office to— (A) discriminate, within the meaning of subsections (a) and (b) of section 4311 of title 38, against an eligible employee; (B) deny to an eligi

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