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38 U.S.C. § 4311 — Discrimination against persons who serve in the uniformed services and acts of reprisal prohibited
Federal law — U.S. Code and appendices · legal_authorities
**(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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Stable record: federal_law:legal_authorities:record_usc_99441a338d281a733533ce5d
Source file: Laws/federal/codes/united-states-code/title-38/section-4311-discrimination-against-persons-who-serve-in-the-uniformed-services-and-a--e77b6fcd7a.md
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Source location: Title 38, Chapter 43, § 4311; chapter-043-employment-and-reemployment-rights-of-members-of-the-uniformed-services.md
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**(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 chapter, (C) assistance or other participation in an investigation under this chapter, or (D) exercise of a right provided for in this chapter, 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 person’s enforcement action, testimony, statement, assistance, participation, or exercise of a right.
**(d)** The prohibitions in subsections (a) and (b) shall apply to any position of employment, including a position that is described in [section 4312(d)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4312/d/1/C&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(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
As part of the Educational Assistance Program, the Secretary shall carry out a scholarship program under this subchapter. The program shall be known as the Department of Veterans Affairs Health Professional Scholarship Program (hereinafter in this chapter referred to as the “Scholarship Program”).
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7611
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1316
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Employment and Reemployment Rights of Members of the 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) **Definition.—** — For purposes of this section, 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 the occurrence of any of the events enumerated in section 4304 of such title.
**(b) Remedy.—** The remedy for a violation of subsection (a) shall be such damages 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 President, or the designee of the President, shall 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 subsections (a) and (b)—
(A) except to the extent that the President or designee may determine, for good cau
Source: Supplied U.S. Code snapshot — release unconfirmed · 3 U.S.C. § 416
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary (through the Veterans’ Employment and Training Service) shall provide assistance to any person with respect to the employment 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 activities and utilize the assistance of volunteers.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4321
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Federal law — U.S. Code and appendices · legal_authorities
**(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)**
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4322
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4323
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) A person who receives from the Secretary a notification pursuant to section 4322(e) may request that the Secretary refer the complaint for litigation before the Merit Systems Protection Board. Not later than 60 days after the date the Secretary receives such a request, the Secretary shall refer the complaint to the Office of Special Counsel established by [section 1211 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1211&num=0&edition=prelim).
(2)
(A) If the Special Counsel is reasonably satisfied that the person on whose behalf a complaint is referred under paragraph (1) is entitled to the rights or benefits sought, the Special Counsel (upon the request of the person submitting the complaint) may appear on behalf of, and act as attorney for, the person and initiate an action regarding such complaint before the Merit Systems Protection Board.
(B) Not later than 60 days after the date the Special Counsel receives a referral under paragraph (1), the Special Counsel shall—
(i) make a decision whether to represent a person before the Merit Systems Protection Board under subparagraph (A); and
(ii) notify such person in writing of such decision.
**(b)** A person may submit a complaint against a Federal executive agency or the Office of Personnel Management under this subchapter directly to the Merit Systems Protection Board if that person—
(1) has chosen not to apply to the Secretary for assistance under section 4322(a);
(2) has received a notification from the Secretary under section 4322(e);
(3) has chosen not to be represented before the Board by the Special Counsel pursuant to subsection (a)(2)(A); or
(4) has received a notification of a decision from the Special Counsel under subsection (a)(2)(B) d
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4324
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies to any person who alleges that—
(1) the reemployment of such person by an agency referred to in subsection (a) of section 4315 was not in accordance with procedures for the reemployment of such person under subsection (b) of such section; or
(2) the failure of such agency to reemploy the person under such section was otherwise wrongful.
**(b)** Any person referred to in subsection (a) may submit a claim relating to an allegation referred to in that subsection to the inspector general of the agency which is the subject of the allegation. The inspector general shall investigate and resolve the allegation pursuant to procedures prescribed by the head of the agency.
**(c)** In prescribing procedures for the investigation and resolution of allegations under subsection (b), the head of an agency shall ensure, to the maximum extent practicable, that the procedures are similar to the procedures for investigating and resolving complaints utilized by the Secretary under section 4322(d).
**(d)** This section may not be construed—
(1) as prohibiting an employee of an agency referred to in subsection (a) from seeking information from the Secretary regarding assistance in seeking reemployment from the agency under this chapter or information relating to the rights and obligations of employees and Federal agencies under this chapter; or
(2) as prohibiting such an agency from voluntarily cooperating with or seeking assistance in or of clarification from the Secretary or the Director of the Office of Personnel Management of any matter arising under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4325
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Federal law — U.S. Code and appendices · legal_authorities
Page 1001
TITLE 38—VETERANS’ BENEFITS
§ 4311
absent from employment for the purpose of performing
funeral honors duty as authorized by section 12503 of
title 10 or section 115 of title 32.’’
Pub. L. 106–419, § 323(a)(1), as amended by Pub. L.
107–14, § 8(b)(2), struck out ‘‘and’’ after ‘‘National Guard
duty,’’.
1998—Par. (3). Pub. L. 105–368 inserted at end ‘‘Such
term includes any person who is a citizen, national, or
permanent resident alien of the United States em-
ployed in a workplace in a foreign country by an em-
ployer that is an entity incorporated or otherwise orga-
nized in the United States or that is controlled by an
entity organized in the United States, within the mean-
ing of section 4319(c) of this title.’’
1996—Par. (16). Pub. L. 104–275 inserted ‘‘national’’ be-
fore ‘‘emergency’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2010 AMENDMENT
Pub. L. 111–275, title VII, § 701(b), Oct. 13, 2010, 124
Stat. 2887, provided that: ‘‘The amendment made by
subsection (a) [amending this section] shall apply to—
‘‘(1) any failure to comply with a provision of or
any violation of chapter 43 of title 38, United States
Code, that occurs before, on, or after the date of the
enactment of this Act [Oct. 13, 2010]; and
‘‘(2) all actions or complaints filed under such chap-
ter 43 that are pending on or after the date of the en-
actment of this Act.’’
Pub. L. 111–275, title VII, § 702(b), Oct. 13, 2010, 124
Stat. 2888, provided that: ‘‘The amendment made by
subsection (a) [amending this section] shall apply to—
‘‘(1) any failure to comply with a provision of or
any violation of chapter 43 of title 38, United States
Code, that occurs before, on, or after the date of the
enactment of this Act [Oct. 13, 2010]; and
‘‘(2) all actions or com
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 4311
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