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3 U.S.C. § 416 — Rights and protections relating to veterans’ employment and reemployment
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
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Source file: Laws/federal/codes/united-states-code/title-3/section-416-rights-and-protections-relating-to-veterans-employment-and-reemployment--616511972b.md
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Source location: Title 3, Chapter 5, § 416; chapter-005-extension-of-certain-rights-and-protections-to-presidential-offices.md
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**(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 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; and
(B) except that the President or designee may, at the discretion of the President or designee, issue regulations to implement a provision of section 4314 or 4324 of title 38, United States Code, that applies to employees in the executive branch of the Federal Government in lieu of an analogous statutory provision referred to in subsection (a) or (b), if the issuance of such regulations—
(i) would be equally effective for the implementation of the rights and protections under this section; and
(ii) would promote uniformity in the application of Federal law to employees in the executive branch of the Federal Government.
**(d) Effective Date.—** Subsections (a) and (b) shall take effect on the earlier of—
(1) the effective date of regulations issued under subsection (c); or
(2) October 1, 1998.
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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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Federal law — U.S. Code and appendices · legal_authorities
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
Page 63
TITLE 3—THE PRESIDENT
§ 421
2601 of Title 29. For complete classification of this Act
to the Code, see Short Title note set out under section
2601 of Title 29 and Tables.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Subsec. (c) of this section effective Oct. 26, 1996, see
section 471(b) of this title.
§ 416. Rights and protections relating to vet-
erans’ employment and reemployment
(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, against an eligible employee;
(B) deny to an eligible employee reemploy-
ment 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, whose service has not been termi-
nated 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.
(c) REGULATIONS TO IMPLEMENT SECTION.—
(1) IN GENERAL.—The President, or the des-
ignee 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 statu-
tory provisions referred to in subsections (a)
and (b)—
(A) except to the
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