Dem senators announce bill to protect military reservists

Four Democratic senators announced a bill Tuesday, ahead of Veterans Day, that would better protect reservists from unfair employment practices caused by deployments. 

The bill, introduced by Democratic Sens. Richard Blumenthal (Conn.), Patty Murray (Wash.), Dick Durbin (Ill.) and Tammy Baldwin (Wis.), would strengthen existing law protecting U.S. troops from losing their jobs while on deployment.  

{mosads}They argue the bill is especially critical after a federal court ruled this month that a Navy reservist could not sue his former employer for firing him after he was deployed to Afghanistan. 

“In peace and in war, members of the Reserve Component are called away from their civilian jobs to ensure the safety of our nation,” Blumenthal, a former Marine, said in a joint statement. 

“This critical legislation would build on this promise by strengthening employment and reemployment protections already in place, solidifying the Department of Justice’s authority to enforce these protections, and ensuring service members who believe their rights have been violated have their day in court,” he said. 

“Our men and women in uniform volunteer to put themselves in harm’s way and serve our country. They should never have to worry about whether their job will be there when they get back,” Murray added.

The bill would strengthen the Uniformed Services Employment and Reemployment Rights Act (USERRA), which guarantees service members the right to return to their civilian jobs after a period of service. 

Specifically, the bill would allow the U.S. to serve as a plaintiff in all suits filed by the attorney general, not just in suits filed against state employers. 

It would grant independent authority to the attorney general to investigate and file suit to challenge a pattern or practice of violations of the existing law.  

It would allow service members to bring an action against a State or private employer in state court or federal district court, using jurisdictional requirements that are similar to the federal general venue statute.

It would authorize the attorney general to issue civil investigative demands in its investigations and clarify that the employer has the burden of identifying proper reemployment positions. 

“We owe our nation’s servicemen and women a great debt of gratitude, and that includes the promise that upon their return to civilian life, they can return to work and provide for their families. It is unacceptable that members of our Armed Forces come back from military service only to find they have lost their jobs,” said Durbin.

“When citizens step up and serve our country they deserve the right to their civilian job when they return home,” Baldwin said. “This legislation will help us keep our promise to servicemembers by better protecting the job security of military personnel while on active duty.”

This legislation is supported by the American Legion, Veterans of Foreign Wars, Vietnam Veterans of America, Military Officers Association of America, Paralyzed Veterans of America, Military Order of the Purple Heart, and National Guard Association of the United States, according to the joint statement.