Is an employee protected from unlawful discrimination by an employer based on military affiliation?
Yes. USERRA provides protections for initial hiring and adverse employment actions by an employer if the action is motivated even in part by the employee’s military service. This protection also extends to witnesses who assist or testify in a USERRA investigation. 2. Can an employer refuse to allow an employee to attend scheduled drills or annual training? No. Employees must be excused from work to attend inactive duty training (drill) or annual training and the employer must reemploy the employee as if he or she has not been absent. 3. Is there a limit to the amount of military leave an employer must permit? Yes. Although there is no longer any differentiation between voluntary and involuntary military duty, there is a 5-year cumulative service limit on the amount of voluntary military leave an employee can use and still retain reemployment rights. 4. What is not included in the 5-year cumulative total? The 5-year total does not include: inactive duty training (drills); annual trainin
