Non-Discrimination Based on Military Status

Many commonly think of USERRA as a “military leave” statute. USERRA does provide protection for employees on military leave but also protects employees from discrimination based on their actual or potential service in the military. The regulations highlight this protection and note that employers may not deny initial employment, promotion, retention, or any other benefit of employment based on an individual’s membership, application for membership, performance of service, or obligation for service in the military.