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38 U.S.C. § 4323 — Enforcement of rights with respect to a State or private employer

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

38 U.S.C. § 4323 — Enforcement of rights with respect to a State or private employer

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Source file: Laws/federal/codes/united-states-code/title-38/section-4323-enforcement-of-rights-with-respect-to-a-state-or-private-employer--b2c704f2fd.md
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Source location: Title 38, Chapter 43, § 4323; chapter-043-employment-and-reemployment-rights-of-members-of-the-uniformed-services.md

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**(a) Action for Relief.—** (1) A person who receives from the Secretary a notification pursuant to [section 4322(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4322/e&num=0&edition=prelim) of an unsuccessful effort to resolve a complaint relating to a State (as an employer) or a private employer may request that the Secretary refer the complaint to the Attorney General. Not later than 60 days after the Secretary receives such a request with respect to a complaint, the Secretary shall refer the complaint to the Attorney General. If the Attorney General is reasonably satisfied that the person on whose behalf the complaint is referred is entitled to the rights or benefits sought, the Attorney General may appear on behalf of, and act as attorney for, the person on whose behalf the complaint is submitted and commence an action for relief under this chapter for such person. In the case of such an action against a State (as an employer), the action shall be brought in the name of the United States as the plaintiff in the action. (2) Not later than 60 days after the date the Attorney General receives a referral under paragraph (1), the Attorney General shall— (A) make a decision whether to appear on behalf of, and act as attorney for, the person on whose behalf the complaint is submitted; and (B) notify such person in writing of such decision. (3) A person may commence an action for relief with respect to a complaint against a State (as an employer) or a private employer if the person— (A) has chosen not to apply to the Secretary for assistance under [section 4322(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4322/a&num=0&edition=prelim); (B) has chosen not to request that the Secretary refer the complaint to the Attorney General under paragraph (1); or (C) has been refused representation by the Attorney General with respect to the complaint under such paragraph. **(b) Jurisdiction.—** (1) In the case of an action against a State (as an employer) or a private employer commenced by the United States, the district courts of the United States shall have jurisdiction over the action. (2) In the case of an action against a State (as an employer) by a person, the action may be brought in a State court of competent jurisdiction in accordance with the laws of the State. (3) In the case of an action against a private employer by a person, the district courts of the United States shall have jurisdiction of the action. **(c) Venue.—** (1) In the case of an action by the United States against a State (as an employer), the action may proceed in the United States district court for any district in which the State exercises any authority or carries out any function. (2) In the case of an action against a private employer, the action may proceed in the United States district court for any district in which the private employer of the person maintains a place of business. **(d) Remedies.—** (1) In any action under this section, the court may award relief as follows: (A) The court may require the employer to comply with the provisions of this chapter. (B) The court may require the employer to compensate the person for any loss of wages or benefits suffered by reason of such employer’s failure to comply with the provisions of this chapter. (C) The court may require the employer to pay the person the amount referred to in subparagraph (B) and interest on such amount, calculated at a rate of 3 percent per year. (D) The court may require the employer to pay the person the greater of $50,000 or the amount equal to the amounts referred to in subparagraphs (B) and (C) as liquidated damages, if the court determines that the employer knowingly failed to comply with the provisions of this chapter. (2) (A) Any compensation awarded under subparagraph (B) or (C) of paragraph (1) shall be in addition to, and shall not diminish, any of the other rights and benefits provided for under this chapter. (B) In the case of an action commenced in the name of the United States for which the relief includes compensation awarded under subparagraph (B) or (C) of paragraph (1), such compensation shall be held in a special deposit account and shall be paid, on order of the Attorney General, directly to the person. If the compensation is not paid to the person because of inability to do so within a period of 3 years, the compensation shall be covered into the Treasury of the United States as miscellaneous receipts. (3) A State shall be subject to the same remedies, including prejudgment interest, as may be imposed upon any private employer under this section. **(e) Equity Powers.—** (1) The court shall use, in any case in which the court determines it is appropriate, its full equity powers, including temporary or permanent injunctions, temporary restraining orders, and contempt orders, to vindicate fully the rights or benefits of persons under this chapter. (2) A person bringing an action to enforce a provision of this chapter pursuant to subsection (a) shall be entitled to an injunction under paragraph (1) if such person demonstrates— (A) a violation— (i) of the provisions of this chapter; or (ii) of the provisions of this chapter is threatened or is imminent; (B) the harm to the person outweighs the injury to the employer; (C) a likelihood of success on the merits of such action; and (D) awarding such relief is in the public interest. (3) The court may not deny a motion for injunctive relief on the basis that a party bringing an action to enforce a provision of this chapter may be awarded wages unearned due to an unlawful termination or denial of employment at the conclusion of such action. **(f) Standing.—** An action under this chapter may be initiated only by a person claiming rights or benefits under this chapter under subsection (a) or by the United States under subsection (a)(1). **(g) Respondent.—** In any action under this chapter, only an employer or a potential employer, as the case may be, shall be a necessary party respondent. **(h) Fees, Court Costs.—** (1) No fees or court costs may be charged or taxed against any person claiming rights under this chapter. (2) In any action or proceeding to enforce a provision of this chapter by a person under subsection (a)(3) who obtained private counsel for such action or proceeding, the court shall award any such person who prevails in such action or proceeding reasonable attorney fees, expert witness fees, and other litigation expenses. **(i) Definition.—** In this section, the term “private employer” includes a political subdivision of a State.

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

38 U.S.C. § 7623 — Obligated service

**(a)** Each participant in the Tuition Reimbursement Program shall provide service in the full-time clinical practice of such participant’s profession as a full-time employee of the Department for the period of obligated service provided in the agreement of such participant entered into under [section 7603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7603&num=0&edition=prelim). **(b)** A participant who on such participant’s course completion date is a full-time employee in the Veterans Health Administration shall be considered to have begun serving such participant’s period of obligated service on the course completion date. **(c)** Except in the case of a participant whose tuition was paid pursuant to [section 7622(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7622/e&num=0&edition=prelim), if a participant in the Tuition Reimbursement Program fails to successfully complete a course, no reimbursement will be provided and no period of obligated service will be incurred. **(d)** In the case of a participant whose tuition was paid pursuant to [section 7622(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7622/e&num=0&edition=prelim) and who fails to complete the course involved, the period of obligation shall be of the same duration as it would have been if the participant had successfully completed the course and the course completion date shall be considered to be the date on which the participant’s failure becomes an established fact. **(e)** For the purposes of this section, the term “course completion date” means the date on which a participant in the Tuition Reimbursement Program completes such participant’s course of traini

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7623

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4311

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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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4301

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

26 U.S.C. § 45P — Employer wage credit for employees who are active duty members of the uniformed services

**(a) General rule** For purposes of section 38, the differential wage payment credit for any taxable year is an amount equal to 20 percent of the sum of the eligible differential wage payments for each of the qualified employees of the taxpayer during such taxable year. **(b) Definitions** For purposes of this section— (1) **Eligible differential wage payments** — The term “eligible differential wage payments” means, with respect to each qualified employee, so much of the differential wage payments (as defined in section 3401(h)(2)) paid to such employee for the taxable year as does not exceed $20,000. (2) **Qualified employee** — The term “qualified employee” means a person who has been an employee of the taxpayer for the 91-day period immediately preceding the period for which any differential wage payment is made. (3) **Controlled groups** — All persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer. **(c) Coordination with other credits** The amount of credit otherwise allowable under this chapter with respect to compensation paid to any employee shall be reduced by the credit determined under this section with respect to such employee. **(d) Disallowance for failure to comply with employment or reemployment rights of members of the reserve components of the Armed Forces of the United States** No credit shall be allowed under subsection (a) to a taxpayer for— (1) any taxable year, beginning after the date of the enactment of this section, in which the taxpayer is under a final order, judgment, or other process issued or required by a district court of the United States under [section 4323 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4323&num=

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 45P

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

38 U.S.C. § 4327 — Noncompliance of Federal officials with deadlines; inapplicability of statutes of limitations

**(a) Effect of Noncompliance of Federal Officials With Deadlines.—** (1) The inability of the Secretary, the Attorney General, or the Special Counsel to comply with a deadline applicable to such official under section 4322, 4323, or 4324 of this title— (A) shall not affect the authority of the Attorney General or the Special Counsel to represent and file an action or submit a complaint on behalf of a person under section 4323 or 4324 of this title; (B) shall not affect the right of a person— (i) to commence an action under [section 4323 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4323&num=0&edition=prelim); (ii) to submit a complaint under [section 4324 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4324&num=0&edition=prelim); or (iii) to obtain any type of assistance or relief authorized by this chapter; (C) shall not deprive a Federal court, the Merit Systems Protection Board, or a State court of jurisdiction over an action or complaint filed by the Attorney General, the Special Counsel, or a person under section 4323 or 4324 of this title; and (D) shall not constitute a defense, including a statute of limitations period, that any employer (including a State, a private employer, or a Federal executive agency) or the Office of Personnel Management may raise in an action filed by the Attorney General, the Special Counsel, or a person under section 4323 or 4324 of this title. (2) If the Secretary, the Attorney General, or the Special Counsel is unable to meet a deadline applicable to such official in section 4322(f), 4323(a)(1), 4323(a)(2), 4324(a)(1), or 4324(a)(2)(B) of this title, and the person agrees to an extension of time, the Secretary, the Att

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4327

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

38 U.S.C. § 4323 — Enforcement of rights with respect to a

Page 1012 TITLE 38—VETERANS’ BENEFITS § 4323 Subsec. (e). Pub. L. 104–275, § 311(9)(B)(i), substituted ‘‘with respect to any complaint filed under subsection (a) do not resolve the complaint,’’ for ‘‘with respect to a complaint under subsection (d) are unsuccessful,’’ in introductory provisions. Subsec. (e)(2). Pub. L. 104–275, § 311(9)(B)(ii), inserted ‘‘or the Office of Personnel Management’’ after ‘‘Fed- eral executive agency’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–275 effective Oct. 13, 1994, see section 313 of Pub. L. 104–275, set out as a note under section 4301 of this title. 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. § 4323. Enforcement of rights with respect to a State or private employer (a) ACTION FOR RELIEF.—(1) A person who re- ceives from the Secretary a notification pursu- ant to section 4322(e) of this title of an unsuc- cessful effort to resolve a complaint relating to a State (as an employer) or a private employer may request that the Secretary refer the com- plaint to the Attorney General. Not later than 60 days after the Secretary receives such a re- quest with respect to a complaint, the Secretary shall refer the complaint to the Attorney Gen- eral. If the Attorney General is reasonably satis- fied that the person on whose behalf the com- plaint is referred is entitled to the rights or ben- efits sought, the Attorney General may appear on be

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 4323

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