June 9, 2025 – On January 2, 2025, the Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act (the “Dole Act”) was signed into law significantly impacting various programs, benefits, and services for veterans and service members. Among other changes, the Dole Act amended the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”).
USERRA protects service members and veterans from workplace discrimination and retaliation by both public and private employers. These protections ensure that service members are not disadvantaged or discriminated against in their civilian careers for their past, present, or future service.
The Dole Act expands the scope of USERRA and increases remedies for those with successful USERRA claims. Specifically, the Dole Act:
- Broadens USERRA applicability to all uniformed service members by replacing the “noncareer services in the uniformed services” wording to “uniformed services” in 38 U.S.C. § 4301(a)(1).
- Adds “or other retaliatory action” to the prohibited employer conduct in 38 U.S.C. § 4311(b). This expands potential challenges to what is an adverse action, conducted by an employer because an individual made a claim under USERRA or participated in any way in a claim under USERRA.
- Allows injunctive relief for USERRA claimants in any Federal district where the employer has a place of business. Courts are also prevented from denying a motion for injunctive relief if the claimant is awarded wages unearned due to an unlawful termination or denial of employment.
- Gives courts authority to award employer-paid 3% annual interest on any loss of wages or benefits awarded to claimants. Further if the court determines an employer knowingly failed to comply with USERRA the court may require the employer to pay the greater of either the awarded loss of wages or benefits including the 3% annual interest or $50,000.
- Mandates reasonable attorney fee awards in successful actions for reemployment before the Merit Systems Protection Board. Prior to this amendment, claimants were permitted to seek attorney’s fees, but the award was discretionary.
While the full impact of the Dole Act is still developing, employers should be aware of this expansion of USERRA protections when creating and implementing workplace policies that affect veterans and service members. For more information on how these changes may affect workplace policies or compliance obligations, please contact a Kullman attorney to assist you.