Home
Your cart is empty. Your Account | Sign In
Home
COLLEGE INSTRUCTORS


Uniformed Services Employment and Reemployment Rights Act of 1994


The purpose of the Uniformed Services Employment and Reemployment Rights Act of 1994 is to encourage non-career service in the armed forces by eliminating or minimizing the disadvantages to civilian careers and employment. It also aims to minimize the disruption that can occur in the lives of employees, employers, fellow employees, and communities when one performs such service, by providing for prompt reemployment when the tour of duty is completed under honorable conditions. The law also prohibits discrimination against those serving in the armed forces.

The Act 

Selected Sections of the Uniform Services Employment and Reemployment Rights Act that was signed into law October 13, 1994 ( (PL 103-353) P.L. 103-353), which replaces the Veterans' Reemployment Rights Act, are reprinted below. The law prohibits employers from discriminating against individuals because of past, present, or future membership in a uniformed service and provides employees certain reemployment rights. Covered individuals with service-connected disabilities who are not qualified for the positions they would have attained but for the military service, or for the positions they left, even after "reasonable efforts" by the employer to accommodate their disabilities, must be reemployed in other positions with similar seniority, status, and pay. Codified at (38 USC 4301) 38 USC Section 4301 et seq., the law repeals former Section 4307 pertaining to disabled veterans reemployment rights. The new disability provisions (Section 4313(a)(3)) are retroactive to August 1, 1990, while the new anti-discrimination provisions are effective October 13, 1994.
 
   
SUBCHAPTER I GENERAL  
 
 
Section 4301. Purposes; Sense of Congress
(a)      The purposes of this chapter are

(1)      to encourage noncareer service in the uniformed services by eliminating or minimizing the disadvantages to civilian careers and employment which can result from such service;  
   
(2)      to minimize the disruption to the lives of persons performing service in the uniformed services as well as to their employers, their fellow employees, and their communities, by providing for the prompt reemployment of such persons upon their completion of such service under honorable conditions; and  
   
(3)      to prohibit discrimination against persons because of their service in the uniformed services.  
 
(b)      It is the sense of Congress that the Federal Government should be a model employer in carrying out the provisions of this chapter.
 
Section 4302. Relation to Other Law and Plans or Agreements
(a)      Nothing in this chapter shall supersede, nullify or diminish any Federal or State law (including any local law or ordinance), contract, agreement, policy, plan, practice, or other matter that establishes a right or benefit that is more beneficial to, or is in addition to, a right or benefit provided for such person in this chapter.
 
(b)      This chapter supersedes any State law (including any local law or ordinance), contract, agreement, policy, plan, practice, or other matter that reduces, limits, or eliminates in any manner any right or benefit provided by this chapter, including the establishment of additional prerequisites to the exercise of any such right or the receipt of any such benefit.
 
Section 4303. Definitions
For the purposes of this chapter
(1)      The term "Attorney General" means the Attorney General of the United States or any person designated by the Attorney General to carry out a responsibility of the Attorney General under this chapter.  
   
(2)      The term "benefit," "benefit of employment," or "rights and benefits" means any advantage, profit, privilege, gain, status, account, or interest (other than wages or salary for work performed) that accrues by reason of an employment contract or agreement or an employer policy, plan, or practice and includes rights and benefits under a pension plan, a health plan, an employee stock ownership plan, insurance coverage and awards, bonuses, severance pay, supplemental unemployment benefits, vacations, and the opportunity to select work hours or location of employment.  
   
(3)      The term "employee" means any person employed by an employer.  
   
(4)      (A)      Except as provided in subparagraphs (B) and (C), the term "employer" means any person, institution, organization, or other entity that pays salary or wages for work performed or that has control over employment opportunities, including  
   
(i)      a person, institution, organization, or other entity to whom the employer has delegated the performance of employment-related responsibilities;  
   
(ii)      the Federal Government;  
   
(iii)      a State;  
   
(iv)      any successor in interest to a person, institution, organization, or other entity referred to in this Subparagraph; and  
   
(v)      a person, institution, organization, or other entity that has denied initial employment in violation of Section 4311.  
   
(B)      In the case of a National Guard technician employed under Section 709 of Title 32, the term "employer" means the adjutant general of the State in which the technician is employed.  
   
(C)      Except as an actual employer of employees, an employee pension benefit plan described in Section 3(2) of the Employee Retirement Income Security Act of 1974 ( (29 USC 1002(2)) 29 U.S.C. 1002(2)) shall be deemed to be an employer only with respect to the obligation to provide benefits described in Section 4318.  
   
(5)      The term "Federal executive agency" includes the United States Postal Service, the Postal Rate Commission, any nonappropriated fund instrumentality of the United States, any Executive agency (as that term is defined in Section 105 of Title 5) other than an agency referred to in Section 2302(a)(2)(C)(ii) of Title 5, and any military department (as that term is defined in Section 102 of Title 5) with respect to the civilian employees of that department.  
   
(6)      The term "health plan" means an insurance policy or contract, medical or hospital service agreement, membership or subscription contract, or other arrangement under which health services for individuals are provided or the expenses of such services are paid.  
   
(7)      The term "notice" means (with respect to subchapter II) any written or verbal notification of an obligation or intention to perform service in the uniformed services provided to an employer by the employee who will perform such service or by the uniformed service in which such service is to be performed.  
   
(8)      The term "qualified," with respect to an employment position, means having the ability to perform the essential tasks of the position.  
   
(9)      The term "reasonable efforts," in the case of actions required of an employer under this chapter, means actions, including training provided by an employer, that do not place an undue hardship on the employer.  
   
(10)      Notwithstanding Section 101, the term "Secretary" means the Secretary of Labor or any person designated by such Secretary to carry out an activity under this chapter.  
   
(11)      The term "seniority" means longevity in employment together with any benefits of employment which accrue with, or are determined by, longevity in employment.  
   
(12)      The term "service in the uniformed services" means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty, and a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty.  
   
(13)      The term "State" means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and other territories of the United States (including the agencies and political subdivisions thereof).  
   
(14)      The term "undue hardship," in the case of actions taken by an employer, means actions requiring significant difficulty or expense, when considered in light of  
(A)      the nature and cost of the action needed under this chapter;  
   
(B)      the overall financial resources of the facility or facilities involved in the provision of the action; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such action upon the operation of the facility;  
   
(C)      the overall financial resources of the employer; the overall size of the business of an employer with respect to the number of its employees; the number, type, and location of its facilities; and  
   
(D)      the type of operation or operations of the employer, including the composition, structure, and functions of the work force of such employer; the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the employer.  
   
(15)      The term "uniformed services" means the Armed Forces, the Army National Guard and the Air National Guard when engaged in active duty for training, inactive duty training, or full- time National Guard duty, the commissioned corps of the Public Health Service, and any other category of persons designated by the President in time of war or emergency.  
 
Section 4304. Character of Service
A persons entitlement to the benefits of this chapter by reason of the service of such person in one of the uniformed services terminates upon the occurrence of any of the following events:
(1)      A separation of such person from such uniformed service with a dishonorable or bad conduct discharge.  
   
(2)      A separation of such person from such uniformed service under other than honorable conditions, as characterized pursuant to regulations prescribed by the Secretary concerned.  
   
(3)      A dismissal of such person permitted under Section 1161(a) of Title 10.  
   
(4)      A dropping of such person from the rolls pursuant to Section 1161(b) of Title 10.  
 
SUBCHAPTER II - EMPLOYMENT AND REEMPLOYMENT RIGHTS AND LIMITATIONS; PROHIBITIONS
Section 4311      Discrimination Against Persons Who Serve in the Uniformed Services and Acts of Reprisal Prohibited
(a)      A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation.
 
(b)      An employer shall be considered to have denied a person initial employment, reemployment, retention in employment, promotion, or a benefit of employment in violation of this Section if the persons membership, application for membership, service, application for service, or obligation for service in the uniformed services is a motivating factor in the employers action, unless the employer can prove that the action would have been taken in the absence of such membership, application for membership, performance of service, application for service, or obligation.
 
(c)      (1)      An employer may not discriminate in employment against or take any adverse employment action against any person because such person has taken an action to enforce a protection afforded any person under this chapter, has testified or otherwise made a statement in or in connection with any proceeding under this chapter, has assisted or otherwise participated in an investigation under this chapter, or has exercised a right provided for in this chapter.
   
(2)      The prohibition in Paragraph (1) shall apply with respect to a person regardless of whether that person has performed service in the uniformed services and shall apply to any position of employment, including a position that is described in Section 4312(d)(1)(C).  
 
Section 4313. Reemployment Positions
(a)      Subject to Subsection (b) (in the case of any employee) and Sections 4314 and 4315 (in the case of an employee of the Federal Government), a person entitled to reemployment under Section 4312, upon completion of a period of service in the uniformed services, shall be promptly reemployed in a position of employment in accordance with the following order of priority:
(1)      Except as provided in Paragraphs (3) and (4), in the case of a person whose period of service in the uniformed services was for less than 91 days  
(A)      in the position of employment in which the person would have been employed if the continuous employment of such person with the employer had not been interrupted by such service, the duties of which the person is qualified to perform; or  
   
(B)      in the position of employment in which the person was employed on the date of the commencement of the service in the uniformed services, only if the person is not qualified to perform the duties of the position referred to in Subparagraph (A) after reasonable efforts by the employer to qualify the person.  
   
(2)      Except as provided in paragraphs (3) and (4), in the case of a person whose period of service in the uniformed services was for more than 90 days  
(A)      in the position of employment in which the person would have been employed if the continuous employment of such person with the employer had not been interrupted by such service, or a position of like seniority, status and pay, the duties of which the person is qualified to perform; or  
   
(B)      in the position of employment in which the person was employed on the date of the commencement of the service in the uniformed services, or a position of like seniority, status and pay, the duties of which the person is qualified to perform, only if the person is not qualified to perform the duties of a position referred to in Subparagraph (A) after reasonable efforts by the employer to qualify the person.  
   
(3)      In the case of a person who has a disability incurred in, or aggravated during, such service, and who (after reasonable efforts by the employer to accommodate the disability) is not qualified due to such disability to be employed in the position of employment in which the person would have been employed if the continuous employment of such person with the employer had not been interrupted by such service  
(A)      in any other position which is equivalent in seniority, status, and pay, the duties of which the person is qualified to perform or would become qualified to perform with reasonable efforts by the employer; or  
   
(B)      if not employed under Subparagraph (A), in a position which is the nearest approximation to a position referred to in Subparagraph (A) in terms of seniority, status, and pay consistent with circumstances of such persons case.  
   
(4)      In the case of a person who (A) is not qualified to be employed in (i) the position of employment in which the person would have been employed if the continuous employment of such person with the employer had not been interrupted by such service, or (ii) in the position of employment in which such person was employed on the date of the commencement of the service in the uniform services for any reason (other than disability incurred in, or aggravated during, service in the uniformed services), and (B) cannot become qualified with reasonable efforts by the employer, in any other position of lesser status and pay which such person is qualified to perform, with full seniority.  
 
(b)      (1)      If two or more persons are entitled to reemployment under Section 4312 in the same position of employment and more than one of them has reported for such reemployment, the person who left the position first shall have the prior right to reemployment in that position.
 
(2)      Any person entitled to reemployment under Section 4312 who is not reemployed in a position of employment by reason of Paragraph (1) shall be entitled to be reemployed as follows:  
(A)      Except as provided in Subparagraph (B), in any other position of employment referred to in Subsection (a)(1) or (a)(2), as the case may be (in the order of priority set out in the applicable Subsection), that provides a similar status and pay to a position of employment referred to in Paragraph (1) of this Subsection, consistent with the circumstances of such person's case, with full seniority.  
   
(B)      In the case of a person who has a disability incurred in, or aggravated during, a period of service in the uniformed services that requires reasonable efforts by the employer for the person to be able to perform the duties of the position of employment, in any other position referred to in Subsection (a)(3) (in the order of priority set out in that Subsection) that provides a similar status and pay to a position referred to in Paragraph (1) of this Subsection, consistent with circumstances of such person's case, with full seniority.  
 
SUBCHAPTER III - PROCEDURES FOR ASSISTANCE, ENFORCEMENT, AND INVESTIGATION
Section 4321. Assistance in Obtaining Reemployment or Other Employment Rights or Benefits
The Secretary (through the Veterans Employment and Training Service) shall provide assistance to any person with respect to the employment and reemployment rights and benefits to which such person is entitled under this chapter. In providing such assistance, the Secretary may request the assistance of existing Federal and State agencies engaged in similar or related activities and utilize the assistance of volunteers.
 
Section 4322. Enforcement of Employment or Reemployment Rights
(a)      A person who claims that
(1)      such person is entitled under this chapter to employment or reemployment rights or benefits with respect to employment by an employer; and  
   
(2)      (A)      such employer has failed or refused, or is about to fail or refuse, to comply with the provisions of this chapter; or  
   
(B)      in the case that the employer is a Federal executive agency, such employer or the Office of Personnel Management has failed or refused, or is about to fail or refuse, to comply with the provisions of this chapter, may file a complaint with the Secretary in accordance with Subsection (b), and the Secretary shall investigate such complaint.  
   
(b)      Such complaint shall be in writing, be in such form as the Secretary may prescribe, include the name and address of the employer against whom the complaint is filed, and contain a summary of the allegations that form the basis for the complaint.
 
(c)      The Secretary shall, upon request, provide technical. assistance to a potential claimant with respect to a complaint under this Subsection, and when appropriate, to such claimant's employer.
 
(d)      The Secretary shall investigate each complaint submitted pursuant to Subsection (a). If the Secretary determines as a result of the investigation that the action alleged in such complaint occurred, the Secretary shall resolve the complaint by making reasonable efforts to ensure that the person or entity named in the complaint complies with the provisions of this chapter.
 
(e)      If the efforts of the Secretary with respect to a complaint under Subsection (d) are unsuccessful, the Secretary shall notify the person who submitted the complaint of
(1)      the results of the Secretary's investigation; and  
   
(2)      the complainant's entitlement to proceed under the enforcement of rights provisions provided under Section 4323 (in the case of a person submitting a complaint against a State or private employer) or Section 4324 (in the case of a person submitting a complaint against a Federal executive agency).  
   
(f)      This subchapter does not apply to any action relating to benefits to be provided under the Thrift Savings Plan under Title 5.
 
Section 4323. Enforcement of Rights With Respect to a State or Private Employer
(a)      (1)      A person who receives from the Secretary a notification pursuant to Section 4322(e) of an unsuccessful effort to resolve a complaint relating to a State (as an employer) or a private employer may request that the Secretary refer the complaint to the Attorney General. If the Attorney General is reasonably satisfied that the person on whose behalf the complaint is referred is entitled to the rights or benefits sought, the Attorney General may appear on behalf of, and act as attorney for, the person on whose behalf the complaint is submitted and commence an action for appropriate relief for such person in an appropriate United States district court.
 
(2)      A person may commence an action for relief with respect to a complaint if that person  
(A)      has chosen not to apply to the Secretary for assistance regarding the complaint under Section 4322(c);  
   
(B)      has chosen not to request that the Secretary refer the complaint to the Attorney General under Paragraph (1); or  
   
(C)      has been refused representation by the Attorney General with respect to the complaint under such Paragraph.  
   
(b)      In the case of an action against a State as an employer,the appropriate district court is the court for any district in which the State exercises any authority or carries out any function. In the case of a private employer the appropriate district court is the district court for any district in which the private employer of the person maintains a place of business.
 
(c)      (1)      (A)      The district courts of the United States shall have jurisdiction, upon the filing of a complaint, motion, petition, or other appropriate pleading by or on behalf of the person claiming a right or benefit under this chapter
(i)      to require the employer to comply with the provisions of this chapter;  
   
(ii)      to require the employer to compensate the person for any loss of wages or benefits suffered by reason of such employer's failure to comply with the provisions of this chapter; and  
   
(iii)      to require the employer to pay the person an amount equal to the amount referred to in clause (ii) as liquidated damages, if the court determines that the employer's failure to comply with the provisions of this chapter was willful.  
   
(B)      Any compensation under clauses (ii) and (iii) of Subparagraph (A) shall be in addition to, and shall not diminish, any of the other rights and benefits provided for in this chapter.  
   
(2)      (A)      No fees or court costs shall be charged or taxed against any person claiming rights under this chapter.  
   
(B)      In any action or proceeding to enforce a provision of this chapter by a person under Subsection (a)(2) who obtained private counsel for such action or proceeding, the court may award any such person who prevails in such action or proceeding reasonable attorney fees, expert witness fees, and other litigation expenses.  
   
(3)      The court may use its full equity powers, including temporary or permanent injunctions, temporary restraining orders, and contempt orders, to vindicate fully the rights or benefits of persons under this chapter.  
   
(4)      An action under this chapter may be initiated only by a person claiming rights or benefits under this chapter, not by an employer, prospective employer, or other entity with obligations under this chapter.  
   
(5)      In any such action, only an employer or a potential employer, as the case may be, shall be a necessary party respondent.  
   
(6)      No State statute of limitations shall apply to any proceeding under this chapter.  
   
(7)      A State shall be subject to the same remedies, including prejudgment interest, as may be imposed upon any private employer under this Section.  

 
Section 4326. Conduct of Investigation; Subpoenas.
(a)      In carrying out any investigation under this chapter, the Secretary's duly authorized representatives shall, at all reasonable times, have reasonable access to, for purposes of examination, and the right to copy and receive, any documents of any person or employer that the Secretary considers relevant to the investigation.
 
(b)      In carrying out any investigation under this chapter, the Secretary may require by subpoena the attendance and testimony of witnesses and the production of documents relating to any matter under investigation. In case of disobedience of the subpoena or contumacy and on request of the Secretary, the Attorney General may apply to any district court of the United States in whose jurisdiction such disobedience or contumacy occurs for an order enforcing the subpoena.
 
(c)      Upon application, the district courts of the United States shall have jurisdiction to issue writs commanding any person or employer to comply with the subpoena of the Secretary or to comply with any order of the Secretary made pursuant to a lawful investigation under this chapter and the district courts shall have jurisdiction to punish failure to obey a subpoena or other lawful order of the Secretary as a contempt of court.
 
(d)      Subsections (b) and (c) shall not apply to the legislative branch or the judicial branch of the United States.

Vietnam-Era Veterans' Readjustment Assistance Act of 1974   

Following is the text of the employment provisions of the Vietnam-Era Veterans' Readjustment Assistance Act of 1974, codified as 38 U.S.C. Ch. 42, Section 4211 et seq. (formerly Section 2011 et seq.). Section 4212 requires federal contractors with a contract of $10,000 or more to take affirmative action to employ qualified special disabled and Vietnam-era veterans. The law reads as amended by (PL 103-446) Public Law 103 - 446, (PL stat) 108 Stat. 4675, effective November 2, 1994.
 
EMPLOYMENT AND TRAINING OF VETERANS  

Section 4211. Section 503

(a)      Definitions.
     As used in this chapter

(1)      The term "special disabled veteran" means  
(A)      a veteran who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Secretary for a disability (i) rated at 30 percent or more, or (ii) rated at 10 or 20 percent in the case of a veteran who has been determined under Section 3106 of this Title to have a serious employment handicap; or (As amended by (PL 102-83) P.L. 102-83, eff. Aug. 6, 1991)  
   
(B)      a person who was discharged or released from active duty because of service-connected disability.  
 
(2)      The term "veteran of the Vietnam era" means an eligible veteran any part of whose active military, naval, or air service was during the Vietnam era. (As amended by (PL 102-568) P.L. 102-568, eff. Oct. 29, 1992)  
   
(3)      The term "disabled veteran" means (A) a veteran who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Secretary, or (B) a person who was discharged or released from active duty because of a service-connected disability. (As amended by (PL 102-83) P.L. 102-83, eff. Aug. 6, 1991)  
   
(4)      The term "eligible veteran" means a person who  
(A)      served on active duty for a period of more than 180 days and was discharged or released therefrom with other than a dishonorable discharge;  
   
(B)      was discharged or released from active duty because of a service-connected disability; or  
   
(C)      as a member of a reserve component under an order to active duty pursuant to Section 672(a), (d), or (g), 673, or 673b of Title 10, served on active duty during a period of war or in a campaign or expedition for which a campaign badge is authorized and was discharged or released from such duty with other than a dishonorable discharge. (As amended by (PL 102-127) P.L. 102-127 , eff. Oct. 10, 1991)  
 
(5)      The term "department or agency" means any agency of the Federal Government or the District of Columbia, including any Executive agency as defined in Section 105 of Title 5 and the United States Postal Service and the Postal Rate Commission, and the term "department, agency, or instrumentality in the executive branch" includes the United States Postal Service and the Postal Rate Commission. (As amended by (PL 101-237) P.L. 101-237, eff. Jan. 1, 1990)  
 
Section 4212. Veterans' Employment Emphasis Under Federal Contracts
(a)      Any contract in the amount of $10,000 or more entered into by any department or agency for the procurement of personal property and non-personal services (including construction) for the United States, shall contain a provision requiring that the party contracting with the United States shall take affirmative action to employ and advance in employment qualified special disabled veterans and veterans of the Vietnam era. The provisions of this Section shall apply to any subcontract entered into by a prime contractor in carrying out any contract for the procurement of personal property and non-personal services (including construction) for the United States. In addition to requiring affirmative action to employ such veterans under such contracts and subcontracts and in order to promote the implementation of such requirement, the President shall implement the provisions of this Section by promulgating regulations which shall require that (1) each such contractor undertake in such contract to list immediately with the appropriate local employment service office all of its employment openings except that the contractor may exclude openings for executive and top management positions, positions which are to be filled from within the contractor's organization, and positions lasting three days or less, and (2) each such local office shall give such veterans priority in referral to such employment openings. (As amended by (PL 103-446) P.L. 103 - 446, eff. Nov. 2, 1994)
 
(b)      If any special disabled veteran or veteran of the Vietnam era believes any contractor of the United States has failed to comply or refuses to comply with the provisions of the contractor's contract relating to the employment of veterans, the veteran may file a complaint with the Secretary of Labor, who shall promptly investigate such complaint and take appropriate action in accordance with the terms of the contract and applicable laws and regulations.
 
(c)      The Secretary of Labor shall include as part of the annual report required by Section 4107(c) of this Title the number of complaints filed pursuant to Subsection (b) of this Section, the actions taken thereon and the resolutions thereof. Such report shall also include the number of contractors listing suitable employment openings, the nature, types, and number of positions listed and the number of veterans receiving priority pursuant to Subsection (a)(2) of this Section. (As amended by (PL 102-83) P.L. 102-83, eff. Aug. 6, 1991)
 
(d)      (1)      Each contractor to whom Subsection (a) of this Section applies shall, in accordance with regulations which the Secretary of Labor shall prescribe, report at least annually to the Secretary of Labor on (As amended by (PL 102-83) P.L. 102-83, eff. Aug. 6, 1991)
(A)      the number of employees in the work force of such contractor, by job category and hiring location, who are veterans of the Vietnam era or special disabled veterans; and  
   
(B)      the total number of new employees hired by the contractor during the period covered by the report and the number of such employees who are veterans of the Vietnam era or special disabled veterans.  
   
(2)      The Secretary of Labor shall ensure that the administration of the reporting requirement under Paragraph (1) of this Subsection is coordinated with respect to any requirement for the contractor to make any other report to the Secretary of Labor. (As amended by (PL 102-83) P.L. 102-83, eff. Aug. 6, 1991)  
 
Section 4213. Eligibility Requirements for Veterans Under Federal Employment and Training Programs
Any (1) amounts received as pay or allowances by any person while serving on active duty, (2) period of time during which such person served on such active duty, and (3) amounts received under chapters 11, 13, 30, 31, 35, and 36 of this Title by an eligible veteran, and any amounts received by an eligible person under chapters 13 and 35 of such Title, and any amounts received by an eligible person under Chapter 106 of Title 10, shall be disregarded in determining eligibility under any public service employment program, any emergency employment program, any job training program assisted under the Economic Opportunity Act of 1964, any employment or training program assisted under the Job Training Partnership Act ( (29 USC 1501) 29 U.S.C. 1501 et seq.), or any other employment or training (or related) program financed in whole or in part with Federal funds. (As amended by (PL 103-446) P.L. 103 - 446, eff. Nov. 2, 1994)
 
Section 4214. (Section 403(a)) Employment Within the Federal Government
(a)      (1)      The United States has an obligation to assist veterans of the Armed Forces in readjusting to civilian life since veterans, by virtue of their military service, have lost opportunities to pursue education and training oriented toward civilian careers. The Federal Government is also continuously concerned with building an effective work force, and veterans constitute a major recruiting source. It is, therefore, the policy of the United States and the purpose of this Section to promote the maximum of employment and job advancement opportunities within the Federal Government for disabled veterans and certain veterans of the Vietnam era and of the post-Vietnam era who are qualified for such employment and advancement.
 
(2)      For the purposes of this Section, the term "agency" means a department, agency, or instrumentality in the executive branch.  
 
(b)      (1)      To further the policy stated in Subsection (a) of this Section, veterans referred to in Paragraph (2) of this Subsection shall be eligible, in accordance with regulations which the Office of Personnel Management shall prescribe, for veterans readjustment appointments, and for subsequent career-conditional appointments, under the terms and conditions specified in Executive Order Numbered 11521 (March 26, 1970) except that
(A)      such an appointment may be made up to and including the level GS-11 or its equivalent;  
   
(B)      a veteran shall be eligible for such an appointment without regard to the number of years of education completed by such veteran;  
   
(C)      a veteran who is entitled to disability compensation under the laws administered by the Department of Veterans Affairs or whose discharge or release from active duty was for a disability incurred or aggravated in line of duty shall be given a preference for such an appointment over other veterans;  
   
(D)      a veteran receiving such an appointment shall  
(i)      in the case of a veteran with less than 15 years of education, receive training or education; and  
   
(ii)      upon successful completion of the prescribed probationary period, acquire a competitive status; and  
   
(E)      a veteran given an appointment under the authority of this Subsection whose employment under the appointment is terminated within one year after the date of such appointment shall have the same right to appeal that termination to the Merit Systems Protection Board as a career or career-conditional employee has during the first year of employment.  
   
(2)      This Subsection applies to  
(A)      a veteran of the Vietnam era; and  
(i)      has a service-connected disability; or  
   
(ii)      during such era, served on active duty in the Armed Forces in a campaign or expedition for which a campaign badge has been authorized; and  
   
(B)      veterans who first became a member of the Armed Forces or first entered on active duty as a member of the Armed Forces after May 7, 1975, and were discharged or released from active duty under conditions other than dishonorable.  
   
(3)      (A)      Except as provided in Subparagraph (C) of this Paragraph, a veteran of the Vietnam era may receive an appointment under this Section only during the period ending  
(i)      10 years after the date of the veteran's last discharge or release from active duty; or  
   
(ii)      December 31, 1995,whichever is later.  
   
(B)      Except as provided in Subparagraph (C) of this Paragraph, a veteran described in Paragraph (2)(B) of this Subsection may receive such an appointment only within the 10-year period following the later of  
(i)      the date of the veteran's last discharge or release from active duty; or  
   
(ii)      December 31, 1989.  
(C)      The limitations of subparagraphs (A) and (B) of this Paragraph shall not apply to a veteran who has a service-connected disability rated at 30 percent or more.  
   
(D)      For purposes of clause (i) of subparagraphs (A) and (B) of this Paragraph, the last discharge or release from active duty shall not include any discharge or release from a period of active duty of less than 90 days of continuous service unless the individual involved is discharged or released for a service-connected disability, for a medical condition which preexisted such service and which the Secretary determines is not service connected, for hardship, or as a result of a reduction in force as described in Section 3011(a)(1)(A)(ii)(III) of this Title or of an involuntary separation described in Section 3018A(a)(1).  
 
(c)      Each agency shall include in its affirmative action plan for the hiring, placement, and advancement of handicapped individuals in such agency as required by Section (PL 93-112) 501(b) of the Rehabilitation Act of 1973 ( (29 USC 791(b)) 29 U.S.C. 791(b)) a separate specification of plans (in accordance with regulations which the Office of Personnel Management shall prescribe in consultation with the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services, consistent with the purposes, provisions, and priorities of such Act) to promote and carry out such affirmative action with respect to disabled veterans in order to achieve the purpose of this Section.
 
(d)      The Office of Personnel Management shall be responsible for the review and evaluation of the implementation of this Section and the activities of each agency to carry out the purpose and provisions of this Section. The Office shall periodically obtain (on at least an annual basis) information on the implementation of this Section by each agency and on the activities of each agency to carry out the purpose and provisions of this Section. The information obtained shall include specification of the use and extent of appointments made by each agency under Subsection (b) of this Section and the results of the plans required under Subsection (c) of this Section.
 
(e)      (1)      The Office of Personnel Management shall submit to the Congress annually a report on activities carried out under this Section. Each such report shall include the following information with respect to each agency:
(A)      The number of appointments made under Subsection (b) of this Section since the last such report and the grade levels in which such appointments were made.  
   
(B)      The number of individuals receiving appointments under such Subsection whose appointments were converted to career or career-conditional appointments, or whose employment under such an appointment has terminated, since the last such report, together with a complete listing of categories of causes of appointment terminations and the number of such individuals whose employment has terminated falling into each such category.  
   
(C)      The number of such terminations since the last such report that were initiated by the agency involved and the number of such terminations since the last such report that were initiated by the individual involved.  
   
(D)      A description of the education and training programs in which individuals appointed under such Subsection are participating at the time of such report.  
   
(2)      Information shown for an agency under clauses (A) through (D) of Paragraph (1) of this Subsection  
(A)      shall be shown for all veterans; and  
   
(B)      shall be shown separately (i) for veterans of the Vietnam era who are entitled to disability compensation under the laws administered by the Veterans Administration or whose discharge or release from active duty was for a disability incurred or aggravated in line of duty, and (ii) for other veterans.  
 
(f)      Notwithstanding Section 4211 of this Title the terms "veteran" and "disabled veteran" as used in Subsection (a) of this Section shall have the meaning provided for under generally applicable civil service law and regulations.
 
(g)      To further the policy stated in Subsection (a) of this Section, the Secretary may give preference to qualified special disabled veterans and qualified veterans of the Vietnam era for employment in the Department as veterans' benefits counselors and veterans' claims examiners and in positions to provide the outreach services required under Section 7722 of this Title to serve as veterans' representatives at certain educational institutions as provided in Section 7724 of this Title or to provide readjustment counseling under Section 1712A of this Title to veterans of the Vietnam era. (As amended by (PL 102-568) P.L. 102-568, eff. Oct. 29, 1992) 

Last updated: 03-04

 
World at Work CPE Sponsors - Registry CPE Sponsors - QAS CCC CAC
The ERI Distance Learning Center is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org/.
PRIVACY POLICY     TERMS OF USE
ABOUT US
FAQs
POLICIES
LINKING SITES
AFFILIATES
CONTACT US
SITE MAP
Copyright © 2017 ERI Economic Research Institute, Inc. All rights reserved.
ERI Economic Research Institute is an Authorized User of selected Statistics Canada data under Agreement Number 6184. ERI’s intellectual property rights include Patent Nos. 6,862,596 and 7,647,322, "System and method for retrieving and displaying data, such as economic data relating to salaries, cost of living and employee benefits." Other Internet-related applications are Patents Pending.



The ERI Distance Learning Center offers: human resources online continuing education for Human Resource Management training and development, distance education online courses, online learning, adult education elearning, HR courses online, human resources management online course, human resource development, hr training, business education, hrci recertification courses, compensation and benefits, e-learning, compensation certification, compensation certificates, compensation credentials, accounting cpe continuing professional education, worldatwork recertification courses, cpa cpe online courses, cpe qas self study courses and professional career development.

DLC courses include material on business definitions, salary comparisons, online business dictionary, human resource development, free job descriptions, SPHR, GPHR, PHR recertification credit, CCP, CBP, GRP recertification credit.