Takeaways

• The Dole Act modifies USERRA’s anti-retaliation provisions, potential remedies, and more.
• It expands safeguards for veterans transitioning back to civilian life and returning to work.
• The Dole Act is the most recent enhancement to USERRA, but it is unlikely to be the final one.

Related link

• Public Law 118-210

Article

The stated purpose of the “Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act” (Dole Act) is to improve Department of Veterans Affairs programs for home and community-based services for veterans. It also amends and expands employment protections afforded veterans by the Uniformed Services Employment and Reemployment Rights Act (USERRA).

USERRA

Under USERRA, service members who leave civilian employment for military service have the right to return to their former or equivalent positions with the same benefits if certain conditions are met. USERRA prohibits employers from discriminating against employees or applicants based on their military service history, current duties, or future obligations. It also bars employers from retaliating against employees for exercising their rights under USERRA.

Dole Act

The Dole Act amends USERRA to give service members and veterans greater protections upon their return to work. Among other things, the Dole Act:

• Strengthens the anti-retaliation provisions by inserting “or other retaliatory action” after “employment action” in subsection (b) of section 4311 of USERRA.
  
• Allows...

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