USERRA 

Uniformed Services Employment and 

Reemployment Rights Act of 1994 

FY 2018 

Annual Report to Congress 

Prepared by the Veterans’ Employment 

and Training Service • August 2019 
 

 

 

The purposes of the Uniformed Services Employment and Reemployment Rights Act (USERRA)

are: to encourage non-career service in the uniformed services by eliminating or minimizing

the disadvantages to civilian careers and employment which can result from such service; 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; and to

prohibit discrimination against persons because of their service in the uniformed services. It

is the sense of Congress that the Federal Government should be a model employer in carrying 

out the provisions of USERRA.

38 U.S.C. § 4301, Purposes and Sense of Congress 
TABLE OF CONTENTS PAGE NUMBER

INTRODUCTION 1 

OVERVIEW OF USERRA PROTECTIONS

2 

USERRA SERVICES PROVIDED BY THE DEPARTMENT OF DEFENSE’S 

EMPLOYER SUPPORT OF THE GUARD AND RESERVE 3 

OVERVIEW 3 

Outreach Programs 3 

Ombudsman Services 4 

DOD USERRA Working Group 5 

DEPARTMENT OF LABOR’S USERRA OUTREACH AND CLAIMS INVESTIGATION 5 

VETS PUBLIC EDUCATION AND COMPLIANCE ASSISTANCE EFFORTS 5

VETS INVESTIGATIVE PROCESS 5

CASE REFERRAL PROCESS 6

DEPARTMENT OF JUSTICE ENFORCEMENT 6 

OFFICE OF SPECIAL COUNSEL ENFORCEMENT 7 

USERRA IN THE FEDERAL SECTOR 7 

MANDATED REPORTING REQUIREMENTS 8

1. THE NUMBER OF CASES REVIEWED BY THE DEPARTMENT OF LABOR UNDER USERRA

DURING THE FISCAL YEAR FOR WHICH THE REPORT IS MADE. 8 

Figure 1. Unique USERRA Cases Reviewed by the Department of Labor and OSC 8

2. THE NUMBER OF CASES REVIEWED BY SECRETARY OF DEFENSE UNDER THE NATIONAL 

COMMITTEE FOR EMPLOYER SUPPORT OF THE GUARD AND RESERVE DURING THE FISCAL 

YEAR. 8 

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* 

3. THE NUMBER OF CASES REFERRED TO THE ATTORNEY GENERAL OR THE SPECIAL COUNSEL 

PURSUANT TO SECTION 4323 OR 4324, RESPECTIVELY, DURING SUCH FISCAL YEAR AND THE 

NUMBER OF ACTIONS INITIATED BY THE OFFICE OF THE SPECIAL COUNSEL BEFORE THE 

MERIT SYSTEMS PROTECTION BOARD PURSUANT TO SECTION 4324 DURING SUCH FISCAL 

YEAR. 8 

4. THE NUMBER OF COMPLAINTS FILED BY THE ATTORNEY GENERAL PURSUANT TO SECTION 

4323 DURING SUCH FISCAL YEAR. 9 

5. THE NUMBER OF CASES REVIEWED BY THE SECRETARY OF LABOR AND SECRETARY OF 

DEFENSE UNDER THE NATIONAL COMMITTEE FOR EMPLOYER SUPPORT OF THE GUARD AND 

RESERVE THAT INVOLVE THE SAME PERSON. 9 

6. WITH RESPECT TO THE CASES REPORTED ON PURSUANT TO PARAGRAPHS 1, 2, 3, 4,

AND 5— 

A. THE NUMBER OF SUCH CASES THAT INVOLVE A DISABILITY-RELATED ISSUE. 9 

B. THE NUMBER OF SUCH CASES THAT INVOLVE A PERSON WHO HAS A SERVICE- CONNECTED DISABILITY. 9 

7. THE NATURE AND STATUS OF EACH CASE REPORTED ON PURSUANT TO PARAGRAPH 1, 2, 3,

4, OR 5. 11 

i. CASES REVIEWED BY THE DEPARTMENT OF LABOR 11 

Figure 2. Cases Opened by VETS in FY 2018 11

 Figure 3. Investigated and subsequently closed by VETS in FY 2018 12

 Figure 4. Case Closure Codes Explained 13

ii. CASES REVIEWED BY THE ESGR ON BEHALF OF THE SECRETARY OF DEFENSE 13

 Figure 5. Crosswalk of USERRA Issues, FY 2018 14

ESGR Ombudsman Services VETS’ National Guard & Reserve Complaint Cases 

iii. CASES REFERRED TO THE DEPARTMENT OF JUSTICE OR THE OFFICE OF SPECIAL

COUNSEL 15

CASES REFERRED TO THE DEPARTMENT OF JUSTICE 15 

CASES REFERRED TO THE OFFICE OF THE SPECIAL COUNSEL 15 

iv. COMPLAINTS FILED BY THE ATTORNEY GENERAL 16 

v. COMPLAINTS FILED BY THE OFFICE OF SPECIAL COUNSEL 16

vi. CASES REVIEWED BY DOL AND ESGR INVOLVING THE SAME PERSON 16

 Figure 6. VETS’ Data for 161 Likely Case Matches with FY 2018 ESGR Cases 17

8. WITH RESPECT TO THE CASES REPORTED ON PURSUANT TO PARAGRAPHS 1, 2, 3, 4, AND 5,

THE NUMBER OF SUCH CASES THAT INVOLVE PERSONS WITH DIFFERENT OCCUPATIONS OR 

PERSONS SEEKING DIFFERENT OCCUPATIONS, AS DESIGNATED BY THE STANDARD 

OCCUPATIONAL CLASSIFICATION SYSTEM. 18 

Figure 7. Occupations Involved in FY 2018 USERRA Cases 19 

ii 
9. AN INDICATION OF WHETHER THERE ARE ANY APPARENT PATTERNS OF VIOLATION OF THE 

PROVISIONS OF USERRA, TOGETHER WITH AN EXPLANATION THEREOF. 19 

10. RECOMMENDATION FOR ADMINISTRATIVE OR LEGISLATIVE ACTION THAT THE SECRETARY, THE ATTORNEY GENERAL, OR THE SPECIAL COUNSEL CONSIDERS NECESSARY FOR THE 

EFFECTIVE IMPLEMENTATION OF USERRA, INCLUDING ANY ACTION THAT COULD BE 

TAKEN TO ENCOURAGE MEDIATION, BEFORE CLAIMS ARE FILED UNDER USERRA, BETWEEN 

EMPLOYERS AND PERSONS SEEKING EMPLOYMENT OR REEMPLOYMENT. 20

iii 
INTRODUCTION

The Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. 

§§ 4301-4335 (USERRA or the Act), was signed into law on October 13, 1994. USERRA 

prohibits discrimination in employment based on an individual’s prior service in the uniformed 

services; current service in the uniformed services; or intent to join the uniformed services. An 

employer is also prohibited from discriminating against a person because of such person’s 

attempt to enforce his or her rights under the Act. In addition, an employer may not retaliate 

against an individual for filing a USERRA claim, testifying, or otherwise providing assistance in 

any proceeding under the Act. USERRA also provides reemployment rights with the pre-service 

employer following qualifying service in the uniformed services. In general, the protected 

person is entitled to be reemployed with the status, seniority, and rate of pay as if he or she had 

been continuously employed during the period of service. USERRA applies to private 

employers, the Federal Government, and State and local governments. It also applies to United 

States employers operating overseas and foreign employers operating within the United States. 

This Fiscal Year (FY) 2018 report was prepared in accordance with 38 U.S.C. § 4332(a), which 

requires the Secretary of Labor, after consultation with the Attorney General and the Special 

Counsel, to prepare and transmit an annual report to Congress containing the following 

information for the preceding fiscal year: 

1. The number of cases reviewed by the Department of Labor (DOL) under USERRA during the 

fiscal year for which the report is made. 

2. The number of cases reviewed by the Secretary of Defense under the National Committee for 

Employer Support of the Guard and Reserve (ESGR) of the Department of Defense (DOD) 

during the fiscal year for which the report is made. 

3. The number of cases referred to the Attorney General or the Special Counsel pursuant to 

Section 4323 or 4324, respectively, during such fiscal year and the number of actions 

initiated by the Office of Special Counsel (OSC) before the Merit Systems Protection Board 

(MSPB) pursuant to Section 4324 during such fiscal year. 

4. The number of complaints filed by the Attorney General pursuant to Section 4323 during 

such fiscal year.

5. The number of cases reviewed by the Secretary of Labor and the Secretary of Defense 

through ESGR of DOD that involve the same person. 

6. With respect to the cases reported on pursuant to paragraphs 1, 2, 3, 4, and 5 above: 

A. the number of such cases that involve a disability-related issue; and 

B. the number of such cases that involve a person who has a service-connected 

disability. 

1 
7. The nature and status of each case reported on pursuant to paragraph 1, 2, 3, 4, or 5 above. 

8. With respect to the cases reported on pursuant to paragraphs 1, 2, 3, 4, and 5, the number of 

such cases that involve persons with different occupations or persons seeking different 

occupations, as designated by the Standard Occupational Classification System (SOCS). 

9. An indication of whether there are any apparent patterns of violation of the provisions of 

USERRA together with an explanation thereof. 

10. Recommendations for administrative or legislative action that the Secretary of Labor, the 

Attorney General, or the Special Counsel considers necessary for the effective 

implementation of USERRA, including any action that could be taken to encourage 

mediation, before claims are filed under USERRA, between employers and persons seeking 

employment or reemployment. 

OVERVIEW OF USERRA PROTECTIONS

USERRA generally requires U.S. employers, regardless of size or location of operation, as well as 

foreign employers operating in the United States or its territories, to reemploy eligible veterans returning 

to their civilian employment after a period of service in the uniformed services. It requires employers, 

with certain exceptions, to provide training to restore competency in duties, and to restore seniority, 

status, pay, pensions, and other benefits that would have accrued but for the employee’s absence due to 

military service. Under USERRA, employers are generally liable for funding their share, if any, to the 

civilian retirement plan(s) of employed service members away on military service. 

Eligibility requirements for service members seeking reemployment generally provide that the absence 

must be due to service; advance notice (oral or in writing) must be given to the employer; the cumulative 

period(s) of service while employed by the employer must not exceed five years; the application for 

reemployment must be timely; and the discharge from service must not be disqualifying. 

Employers are also prohibited from discriminating on the basis of service in the military, the National 

Disaster Medical System, and the commissioned corps of the Public Health Service. USERRA also 

protects anyone—veteran or non-veteran—from reprisal for either exercising rights or assisting in any 

proceeding under the statute.

DOL is statutorily tasked with providing assistance to any person with respect to USERRA employment 

and reemployment rights and benefits and may request the assistance of other Federal and State agencies 

engaged in similar or related activities to do so. DOL, DOD, and the Department of Veterans Affairs 

share responsibility for promoting a clear understanding of USERRA among employers and individuals 

concerning their respective rights and responsibilities under USERRA. In addition, USERRA requires 

all Federal agencies to provide USERRA awareness training to human resources personnel, in 

consultation with the U.S. Office of Personnel Management (OPM). OPM issues guidance on ways to 

improve USERRA protection policies and practices for Federal agencies. DOL’s Veterans’ 

Employment and Training Service (VETS) and DOD’s ESGR provide extensive public education, 

outreach, and compliance assistance with the goals of preventing violations caused by ignorance or 

2 
 

misunderstanding of the law and ensuring that protected individuals understand their rights and know 

what assistance is available to help them secure those rights. 

An individual who believes his or her USERRA rights have been violated may file a complaint with 

VETS, which will then investigate the claim(s). Alternatively, an individual may seek to informally 

mediate his or her claims utilizing ESGR Ombudsmen’s informal mediation services to try to resolve his 

or her USERRA-related issues. Informal mediation is not required and an individual may file a 

complaint with VETS at any time. Once a complaint is filed with VETS, VETS will formally 

investigate the complaint and attempt to resolve those complaints found meritorious. If, following 

VETS’ investigation, there is no resolution of the complaint, the claimant may request referral of his or 

her case to the Department of Justice (DOJ) for cases involving a private, State, or local government 

employer, and to OSC1

 for cases involving a Federal employer. Claimants also have the right at any 

time to withdraw their case to pursue enforcement at their own expense in U.S. District court or before 

the MSPB, either on their own or with the assistance of a private attorney.

This report begins by describing the various roles each of the Federal agencies referenced above play in 

the administration of USERRA. Next, the report responds to each of the statutorily-mandated reporting 

requirements described in the introduction to this report. In addition, the report contains other 

information of interest, including USERRA case outcomes for cases closed by DOJ, OSC, and VETS. 

USERRA SERVICES PROVIDED BY THE DEPARTMENT OF DEFENSE’S 

EMPLOYER SUPPORT OF THE GUARD AND RESERVE 

OVERVIEW

ESGR is a DOD program established in 1972 to promote cooperation and understanding between 

Reserve Component (RC) service members and their civilian employers, and to assist in the informal 

resolution of USERRA-related employment conflicts arising from an employee’s military commitment. 

ESGR helps develop and promote supportive work environments for service members in the RCs 

through employer outreach and recognition, and through educational opportunities that increase 

awareness of applicable laws. 

ESGR is a volunteer-centric program with a nationwide network of nearly 3,750 volunteers that works 

to ensure all employers support and value the employment of RC members. ESGR volunteers operate 

out of 54 State Committees located across all 50 States, the District of Columbia, Guam and the 

Commonwealth of the Northern Mariana Islands, the U.S. Virgin Islands, and Puerto Rico. 

Headquarters (HQ) ESGR in Alexandria, Virginia, provides guidance, resources, and support to the 54 

volunteer-led ESGR committees. 

In FY 2018, ESGR volunteers engaged 95,229 employers and 268,662 service members, educating both 

groups on their rights and responsibilities under USERRA. 

Outreach Programs 

ESGR conducts awareness and recognition programs aimed at employers of RC service members to 

engender positive support for National Guard and Reserve service. It also assists in preventing, 

resolving, or reducing employer/employee conflicts and misunderstandings that result from RC service, 

1 The U.S. Office of Special Counsel (OSC) is an independent Federal investigative and prosecutorial agency. 

OSC’s primary mission is to safeguard the merit system by protecting Federal employees and applicants from prohibited 

personnel practices, including protections included in USERRA.

3 
training, or duty requirements by providing information and educating National Guard and Reserve 

members and employers about their rights and responsibilities under USERRA. ESGR also 

communicates directly with military units to promote better understanding of the importance of 

maintaining positive working relations between employers and their RC employees to sustain military 

participation and readiness. 

Outreach programs also include the voluntary participation by employers in the Statement of Support 

Program. Employers who sign Statements of Support pledge that they will: 

 Fully recognize, honor, and comply with the USERRA. 

 Provide managers and supervisors with the tools they need to effectively manage employees who 

serve in the National Guard and Reserve. 

 Appreciate the values, leadership, and unique skills service members bring to the workforce, and 

encourage opportunities to hire Guardsmen, Reservists, transitioning service members, and 

Veterans. 

 Continually recognize and support our country’s service members and their families, in peace, in 

crises, and in war. 

Outreach programs also include the ESGR Awards Program, designed to recognize employers for 

policies and practices that are supportive of their employees’ participation in the National Guard and 

Reserve. Most employer awards originate from nominations submitted by service members, recognizing 

supportive supervisors with the Patriot Award. ESGR administers the Secretary of Defense Employer 

Support Freedom Award, the U.S. Government’s highest honor bestowed on employers. The Freedom

Award is presented annually to a maximum of 15 select large, small, and public-sector employers that 

have demonstrated exceptional support to RC employees. 

During FY 2018, ESGR recognized 10,783 supervisors of RC service members with the Patriot Award, 

received 2,351 nominations for the 2018 Secretary of Defense Employer Support Freedom Award, and 

obtained 9,997 Statements of Support from employers across the Nation.

Ombudsman Services 

ESGR assists National Guard and Reserve members with USERRA employment conflicts through its 

nationwide Ombudsman Services Program. While ESGR is not an enforcement agency and does not 

participate in formal litigation processes, the Ombudsman Services Program provides education, 

information, and neutral, informal third-party mediation services to resolve employee-employer 

USERRA conflicts. The program has over 500 volunteers nationwide that work to reduce, resolve, and 

help prevent employer-employee conflicts and misunderstandings related to uniformed service. ESGR 

ombudsmen are specifically trained on the rights and responsibilities outlined in USERRA, the use of 

neutral, informal mediation techniques to help resolve employment conflicts between service members 

and employers, and how to further an understanding of and compliance with USERRA regulations. 

In addition to the Ombudsman Services Program, ESGR also operates a Customer Service Center (CSC) 

for USERRA-related inquiries and information requests from customers worldwide. The CSC provides 

prompt, expert telephonic and email responses to service members and civilian employers on 

USERRA-related matters. During FY 2018, ESGR received 17,568 contacts by telephone and email, of 

which 1,655 contacts resulted in actual USERRA mediation cases. ESGR’s mediation efforts covered 

an array of USERRA-related issues that included 1,033 complaints involving some type of military 

discrimination; 602 complaints involving job reinstatement; and 20 complaints involving possible 

retaliation or reprisal. There were 429 USERRA mediation cases in which ESGR was unable to 

4 
facilitate an agreement between the employee and employer. In those instances, ESGR ombudsmen 

informed both parties that the employee had the right to file a case with DOL or seek assistance through 

a private attorney.

ESGR and DOL coordinate closely on USERRA-related issues, and track problems, coordinate issues, 

and identify trends as part of their efforts to protect service members’ and employers’ rights. 

DOD USERRA Working Group 

In June 2017, the Deputy Assistant Secretary of Defense for Reserve Integration (DASD RI) established 

a DOD USERRA Working Group, led by ESGR, to review USERRA application and policy in the 

context of current utilization rates of the RC. Participants in the USERRA Working Group include 

representatives from the DASD RI office, ESGR, each of the Military Departments and RC, and DOL. 

The working group’s efforts in FY 2018 focused on clarifying DOD policies and processes to assist 

employers with verification of uniformed service and service dates, and to assist both service members 

and employers to better understand the authority under which orders are written in order to determine 

which periods of uniformed service count against the five-year service limitation for reemployment 

protections as established in USERRA. 

DEPARTMENT OF LABOR’S USERRA OUTREACH AND CLAIMS 

INVESTIGATION

VETS PUBLIC EDUCATION AND COMPLIANCE ASSISTANCE EFFORTS

VETS conducts a robust public outreach campaign to educate service members, employers, and others 

on their rights and responsibilities under USERRA. Since the terrorist attacks of September 11, 2001, 

which resulted in the single greatest mobilization of reserve components, VETS has briefed more than 

one million individuals on USERRA. In FY 2018, VETS presented USERRA information to 7,731 

individuals, including service members, members of professional groups, and members of the general 

public. To help facilitate these efforts, VETS maintains a USERRA page on its website at: 

https://www.dol.gov/agencies/vets/programs/userra, containing compliance assistance materials such as 

the USERRA elaws Advisor, fact sheets, applicable laws and regulations, and other useful information. 

Briefings to mobilizing and demobilizing members of the Guard and Reserve are given in collaboration 

with ESGR. Together, VETS and ESGR strive to ensure that every service member receives a 

USERRA briefing upon mobilization and demobilization from active military service. In FY 2018, 

VETS and OSC also coordinated their efforts to provide technical assistance on USERRA to a number 

of Federal agencies. Also in FY 2018, VETS continued its customer satisfaction survey (CSS) to obtain 

feedback on its investigations from USERRA claimants and their employers. VETS will use the 

information gathered to improve and shape its USERRA program. 

VETS INVESTIGATIVE PROCESS

USERRA investigations are complaint-driven. An individual who believes that his or her USERRA 

rights have been violated may file a complaint (Form 1010) with VETS online or submit a signed form

in person or via mail or facsimile. Form 1010 is available to the public online through the VETS’ web 

page. Upon receipt of an electronically-filed or signed and completed hard-copy Form 1010, VETS 

immediately opens a formal investigation. A brief notification of process rights, written in easy-tounderstand question-and-answer format, is sent to each claimant within five days of VETS’ receipt of a 

complaint. 

The assigned investigator collects and reviews pertinent documentary evidence and interviews necessary 

witnesses, and may use an administrative subpoena to obtain the necessary evidence. To 

5 
ensure investigations are of the highest quality and are conducted in a uniform and timely manner, 

VETS investigators are extensively trained in the legal aspects of USERRA, in investigative techniques, 

and in the agency’s operating procedures. If the evidence compiled in a USERRA investigation 

supports the allegations made, the agency will attempt to obtain satisfactory resolution through 

negotiation or mediation. VETS encourages all parties to resolve disputes promptly and avoid litigation. 

VETS has 90 days to complete its investigation, unless VETS obtains an extension of time from the 

claimant for VETS to continue the investigation and attempt to resolve the case. At any point during the 

investigative process, the claimant may elect to withdraw the complaint from VETS and pursue the 

claim with private counsel or pro se. 

CASE REFERRAL PROCESS

Upon completion of the investigation, if VETS does not resolve the case to the claimant’s satisfaction, 

VETS advises the claimant in a written closing letter of his or her right to have the case referred to either 

DOJ or to OSC, as appropriate, for consideration of legal representation at no cost to the claimant. If a 

claimant requests that his or her case be referred, VETS must refer the claim regardless of whether 

VETS has found merit in the complaint. Each VETS’ case referral contains a memorandum analyzing 

the USERRA claim and providing an assessment on whether or not the claim has merit. VETS has 60 

days to complete this referral process, unless VETS obtains an extension of time from the claimant. 

DEPARTMENT OF JUSTICE ENFORCEMENT

DOJ and DOL work collaboratively to meet the goal of ensuring service members’ USERRA rights are 

protected. If DOL is unable to resolve a service member’s USERRA claim against a private, State, or 

local government employer, the service member may ask DOL to refer the service member’s claim to 

the Attorney General for review. 

Upon receipt of an unresolved USERRA claim from DOL, DOJ conducts an independent review of the 

complete DOL investigative file and analysis. If the Attorney General is reasonably satisfied that the 

service member is entitled to relief, the Attorney General may exercise DOJ’s prosecutorial authority 

and commence an action in Federal court on behalf of the service member. If the employer is a State or 

State agency, the action is brought in the name of the United States. In all other cases, the United States 

files suit in the name of the service member. DOJ also attempts to seek relief on the service member’s 

behalf and to settle the claims without commencing an action in court when appropriate. If DOJ 

determines that it will not offer legal representation to a claimant, or seek relief on the service member’s 

behalf, it informs the service member of this decision, in writing, and notifies him or her that he or she 

has the right to proceed with private counsel or pro se. In all cases, DOJ ensures that each USERRA 

referral receives careful consideration and is processed as expeditiously as practicable. 

DOJ continues to ramp up its enforcement of USERRA against private, State, and local employers, 

through litigation, facilitated settlements, outreach and advocacy. Since 2004, DOJ has filed 104 

USERRA lawsuits and favorably resolved 185 USERRA complaints either through consent decrees 

obtained in those suits or through facilitated private settlements. Under the current administration, the 

Department of Justice has filed four complaints on behalf of service members and negotiated settlements 

in excess of $710,000.

6 
The Civil Rights Division of DOJ also works closely with the Solicitor’s Office at DOL in training 

VETS investigators through both live and remote training sessions, discussing case trends, and 

collaborating on USERRA strategy. For example, DOJ and the Solicitor’s Office at DOL have a 

scheduled monthly call where all case referrals and case resolutions are discussed. 

In FY 2019, DOJ will continue to work with DOL to ensure that referrals are promptly and carefully 

processed and that each meritorious referral is resolved to the satisfaction of the service member and the 

Federal Government. While DOJ will continue to aggressively pursue litigation when warranted, it 

seeks to resolve meritorious referrals without contested litigation whenever possible, to achieve the best 

possible result for the service member. The United States will also continue to seek out opportunities to 

participate as amicus curiae. 

OFFICE OF SPECIAL COUNSEL ENFORCEMENT

OSC’s enforcement responsibilities apply to Federal-sector USERRA cases. Case referrals from DOL 

to OSC following a VETS investigation are addressed in a manner similar to that used in DOJ referrals 

discussed above. 

USERRA IN THE FEDERAL SECTOR

The Federal Government is committed to being a model employer under USERRA. OPM is responsible 

for administering USERRA policy for the Federal Government to ensure it meets that goal. 

During FY 2018, VETS and OSC professional staff collaborated to provide technical assistance and 

guidance on a number of highly complex issues to Federal agencies, teaching and training agency staff 

on the law and best practices set forth in OPM’s guidance. VETS and OSC continue to collaborate in 

this effort, which has earned praise from agencies that received their guidance. These activities were 

conducted in furtherance of the idea that the Federal Government should be a model employer, 

particularly with respect to honoring its commitment to preserving and promoting service members’ and 

veterans’ employment rights. 

Moving forward into the coming fiscal years, VETS plans to continue and increase these activities. 

Furthermore, in an effort to broaden and strengthen partnerships with other Federal agencies, VETS, in 

coordination with OSC, DOD, and OPM, will continue to work together to identify and share best 

practices to ensure that our Nation’s veterans are well served. Through these partnerships, VETS can 

better respond to ideas and requests for assistance, promote veteran employment, and find additional 

ways to implement employer-driven ideas and initiatives. 

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MANDATED REPORTING REQUIREMENTS

SECTION 4332 OF USERRA, 38 U.S.C. § 4332, REQUIRES THE SECRETARY OF LABOR, AFTER

CONSULTATION WITH THE ATTORNEY GENERAL AND THE SPECIAL COUNSEL, TO PREPARE AND TRANSMIT 

AN ANNUAL REPORT TO CONGRESS CONTAINING THE FOLLOWING INFORMATION FOR THE PRECEDING 

FISCAL YEAR: 

1. THE NUMBER OF CASES REVIEWED BY THE DEPARTMENT OF LABOR UNDER USERRA DURING 

THE FISCAL YEAR FOR WHICH THE REPORT IS MADE.

DOL reviewed 917 new unique2 cases in FY 2018 opened pursuant to a submitted VETS 1010 

complaint form. The table below provides the numbers of unique USERRA cases reviewed by DOL 

and OSC in FY 2013 – FY 2018. 

Figure 1. Unique USERRA Cases Reviewed by the Department of Labor and OSC3

 Fiscal Year FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 

Total New Cases 1,281 1,286 1,123 930 944 917 

Total Cases 1,553 1,511 1,288 1,107 1,098 1,095 

In FY 2018, DOL carried over an additional 166 unique cases (open investigations) from FY 2017. 

During FY 2018, DOL reopened 10 cases from FY 2017 and two from FY 2016 or earlier. In sum, 

DOL reviewed a total of 1,095 unique cases in FY 2018. 

2. THE NUMBER OF CASES REVIEWED BY SECRETARY OF DEFENSE UNDER THE NATIONAL 

COMMITTEE FOR EMPLOYER SUPPORT OF THE GUARD AND RESERVE DURING THE 

FISCAL YEAR.

During FY 2018, ESGR received 17,568 contacts by telephone and email. Of those contacts, 1,655 

resulted in actual USERRA cases which were reviewed by ESGR Ombudsmen. 

3. THE NUMBER OF CASES REFERRED TO THE ATTORNEY GENERAL OR THE SPECIAL

COUNSEL PURSUANT TO SECTION 4323 OR 4324, RESPECTIVELY, DURING SUCH FISCAL 

YEAR AND THE NUMBER OF ACTIONS INITIATED BY THE OFFICE OF THE SPECIAL 

COUNSEL BEFORE THE MERIT SYSTEMS PROTECTION BOARD PURSUANT TO SECTION

4324 DURING SUCH FISCAL YEAR. 

In FY 2018, the Attorney General received 50 cases and OSC received 25 cases referred by DOL. 

During the fiscal year, OSC initiated action on one case before the MSPB. The nature and status of 

these referred cases is reflected in mandatory reporting requirement number seven of this report. 

2

 This excludes duplicative cases such as cases that are filed multiple times by the same claimant with the same complaint or 

cases that have been previously investigated and have been reopened. 

3 This table captures unique cases also reviewed by OSC from FY 2011-FY 2014, under a demonstration project established

by the Veterans Benefits Act of 2010. New unique cases reviewed by OSC totaled 137 in FY 2013 and 146 in FY 2014. 

Unique case assignments to OSC under this demonstration project ended in FY 2014.

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4. THE NUMBER OF COMPLAINTS FILED BY THE ATTORNEY GENERAL PURSUANT TO 

SECTION 4323 DURING SUCH FISCAL YEAR.

DOJ filed two USERRA complaints in Federal court in FY 2018. Both of these cases were settled. 

5. THE NUMBER OF CASES REVIEWED BY THE SECRETARY OF LABOR AND SECRETARY 

OF DEFENSE UNDER THE NATIONAL COMMITTEE FOR EMPLOYER SUPPORT OF THE 

GUARD AND RESERVE THAT INVOLVE THE SAME PERSON. 

ESGR provided VETS with the names of 1,583 individuals who had filed the 1,655 cases reviewed by 

ESGR Ombudsmen in FY 2018, and the date of each case. VETS compared the ESGR data to its own 

data4 on cases initially opened between October 1, 2017 and October 31, 2018.5 This comparison 

resulted in 163 likely matches; thus, it appears that 10% of FY 2017 ESGR cases were subsequently 

opened as VETS cases. 

6. WITH RESPECT TO THE CASES REPORTED ON PURSUANT TO PARAGRAPHS 1, 2, 3, 4,

AND 5— 

A. THE NUMBER OF SUCH CASES THAT INVOLVE A DISABILITY-RELATED ISSUE. 

i. Eighteen of the new unique cases first reviewed by VETS in FY 2018 (2.0%) 

involved a disability-related issue.

ii. Twelve of the ESGR cases first reviewed in FY 2018 (0.7%) involved a 

disability-related issue. 

iii. Of the referral cases received by DOJ and OSC from DOL in FY 2018 for

consideration of litigation, one of those received by DOJ and none of those 

received by OSC involved a disability-related issue. 

iv. Of the two USERRA complaints filed by DOJ in FY 2018, none involved a 

disability-related issue. 

v. With respect to the 163 cases reviewed by DOL and ESGR involving the same

person in FY 2018, two (1.2%) involved a disability-related issue.

B. THE NUMBER OF SUCH CASES THAT INVOLVE A PERSON WHO HAS A 

SERVICE-CONNECTED DISABILITY. 

i. In FY 2018, VETS asked claimants whether they had a service-connected disability. Among 

the 917 new unique cases VETS received, VETS obtained responses from 884 claimants, 227 

(26%) of whom reported having such a disability. Among these 227 claimants, 15 also 

claimed a USERRA-related disability issue. Among the remaining 657 claimants who 

responded but did not report having a service-connected disability, two claimed a 

USERRA-related disability issue. 

ii. No information is available on the number of cases handled by ESGR that involved a person 

with a service-connected disability. 

iii. Of the referral cases received by DOJ from DOL in FY 2018 for consideration of litigation, 

17 involved a claimant who reported a service-connected disability, and one included a 

4

 Absent more specific data on the employer(s) and specific allegation(s) involved, case matching cannot be made with

complete confidence. 

5

 October 2018 VETS data was included to capture the ESGR cases that were opened late FY 2018 and may have been filed 

with VETS in October 2018. 

9 
USERRA-related disability issue. Fourteen of the referral cases received by OSC from DOL 

in FY 2018 involved a claimant who reported a service-connected disability, and none 

included a USERRA-related disability issue. 

iv. Of the two USERRA complaints filed by DOJ in FY 2017, none involved a 

service-connected disability. 

v. With respect to the 163 cases reviewed by VETS and ESGR involving the same person in 

FY 2018, VETS obtained service-connected disability responses from 157 of these claimants, 

25 (15.3%) of whom reported having such a disability. One claimant among the 25 who 

reported having a service-connected disability also claimed a USERRA-related disability 

issue. Among the remaining 132 claimants who responded but did not report having a 

service-connected disability, one claimed a USERRA-related disability issue. 

10 
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7. THE NATURE AND STATUS OF EACH CASE REPORTED PURSUANT TO PARAGRAPH 1,

2, 3, 4, OR 5. 

i. CASES REVIEWED BY THE DEPARTMENT OF LABOR 

The following issues were raised in the new unique USERRA cases reviewed by DOL. Because many 

USERRA cases involve multiple issues, the number of cases in this chart exceeds the 917 new unique 

cases reported by VETS in FY 2018 and the combined percentages exceed 100%. 

Figure 2. Cases Opened by VETS in 

FY 2018

USERRA ISSUE

Military obligations discrimination 

Reinstatement 

Other non-seniority benefits 

Promotion 

Vacation

Status 

Pay rate 

Reasonable accommodation/ retraining for nonqualified/non-disabled 

Discrimination as retaliation for any action 

Seniority 

Pension 

Initial hiring discrimination 

Layoff 

Special protected period discharge 

Health benefits 

Reasonable accommodations/retraining for disabled 

Other 

VETS CASES 

ALLEGING ISSUE

NUMBER PERCENT

402 43.8% 

140 15.3% 

26 2.8% 

56 6.1% 

19 2.1% 

14 1.5% 

29 3.2% 

6 0.7% 

109 11.9% 

14 1.5% 

23 2.5% 

60 6.5% 

47 5.1% 

3 0.3% 

11 1.2% 

18 2.0% 

26 2.8% 

11 
 

 

____ ____._J_ 

I_~ ________ ____._I 

I_~ ________ ____._I_~ 

I_~ ________ ____._I 

I_~ 

I_~ 

I_~ ------------'­I_~ ________ ____._I 

I_~ 

I_~ ------------'-

DOL investigated and closed 920 cases in FY 2018 under the following closure codes (each code is 

explained in Figure 4): 

Figure 3. Investigated and subsequently 

closed by VETS in FY 2018

CLOSURE CODE

No merit 

Referrals requested on cases closed in FY 2018: 

Administrative 

Referrals requested on cases closed in FY 2018: 

Claim granted 

Referrals requested on cases closed in FY 2018: 

Claim settled 

Claim withdrawn 

Not eligible

Referrals requested on cases closed in FY 2018: 

Merit, not resolved 

Referrals requested on cases closed in FY 2018: 

Merit undetermined 

TOTAL: 

Total referrals requested on cases closed in FY 2018: 

34

1

2

5

18

606

VETS CASES 

CLOSED 

NUMBER PERCENT

310 33.7% 

81 8.8% 

94 10.2% 

76 8.3% 

274 29.8% 

36 3.9% 

47 5.1% 

2 0.2% 

920 100.0% 

6 In addition to the 60 cases that were investigated and closed by VETS, and requested for referral to DOJ or OSC in FY 

2018, there were eight cases that requested for referral to DOJ or OSC in FY 2018. Five of those requests were from cases 

that were closed in FY 2017 (4 “No Merit”; and 1 “Merit, Not Resolved”); and 3 of those requests were from cases that were

closed prior to FY 2017 (2 “No Merit”; and 1 “Merit, Not Resolved”). In total there were 68 referrals requested in FY 2018.

12 
 

 

 

FIGURE 4. CASE CLOSURE CODES EXPLAINED

 ADMINISTRATIVE CLOSURE: A case should be closed administratively under any of the following 

circumstances: 

Lack of Interest – Administrative closure is appropriate when the claimant clearly displays lack of 

interest or is obviously uncooperative. Examples are failure to reply to multiple VETS’ letters, failure 

to give VETS a change of address, failure to supply information that could be easily obtained, and 

failure to attend scheduled meetings or conferences.

Continued Unauthorized Contact by Third Party with Employer – Although a claimant is 

entitled to be represented by a third party under USERRA while the case is investigated by VETS, if 

the representation interferes with the investigation, he or she will be informed that VETS can no 

longer continue its involvement in the case and that the case will be administratively closed. 

 CLAIM GRANTED: When the employer grants all of the claimant’s entitlements. 

 CLAIM SETTLED: When the claimant and the employer agree to settle the case potentially for less 

than the claimant’s full entitlements under USERRA. 

 WITHDRAWN CLAIM: When the claimant informs VETS in writing of his or her desire to withdraw 

the claim. 

 NOT ELIGIBLE: If a case has already been opened, and VETS finds that the claimant does not meet 

the eligibility requirements in the statute, the case should be discussed with the claimant and, with his 

or her concurrence, closed on the basis of no eligibility. 

 NO MERIT: The claimant is not entitled to relief for reasons other than failure to meet eligibility

requirements. 

 CASES REFERRED: Unsettled cases are closed only when they are referred by DOL for appropriate 

referral action. 

 MERIT, NOT RESOLVED: When the completed investigation finds merit to the complaint, but 

VETS is unable to obtain a satisfactory resolution.

 MERIT UNDETERMINED: When the investigation is not complete, but the statutory deadline for 

case completion (or an extension previously agreed to by the claimant) is reached and the claimant 

does not agree to a further extension.

ii. CASES REVIEWED BY THE ESGR ON BEHALF OF THE SECRETARY OF DEFENSE

ESGR Ombudsman services covered an array of USERRA issues that included 1,033 complaints 

involving some type of military discrimination; 602 complaints involving job reinstatement; and 20 

complaints involving possible retaliation or reprisal during FY 2018. 

ESGR resolved 1,226 of its 1,655 Ombudsman cases. There were 429 USERRA Ombudsman cases in 

which the employee and employer could not reach an agreement. In these instances, ESGR 

Ombudsmen informed both parties that the employee had the option to file a case with DOL or seek 

assistance through a private attorney. 

The following crosswalk aligns the issues identified in ESGR case data with VETS data. It shows the 

number of cases for each separate issue. For three groupings of issues defined as “Primary 

Categories” – Discrimination; Reinstatement/Reemployment; and Reprisal – the crosswalk also shows 

both the total cases, and the percentage of all cases, for each category.

13 
Crosswalk of USERRA Issues, FY 2018 

ESGR Ombudsman Services¢:::::::>VETS' National Guard & Reserve Complaint Cases 

c 

... 

r.l) 

r"J 

""'C 

... 

8 

... 

~ = 

... 

~ 

0 

= 

~ ~ ~ ~ 

~ ... 8 = r.l) 

"'0 ~ 

- ~ 

0 ~ 

~ ~ 8 8 ~ ~ 

= = ~ ~ ...._ 

~ ~ 

"'0 

""'C 

... 

r.l) 

~ 

-

--

ESGR 

Ombudsman Cases 

"Problem Codes" 

(Converted to VETS' Issue Codes) 

Military Obligations 

Discrimination 

Initial Hiring Discrimination 

1,033 Ombudsman Cases 

(62.4%) 

Health Benefits 

Pension 

Seniority 

Other Non-Seniority Benefits 

Stanis 

Layoff 

Vacation 

Reinstatement 

- Promotion -

Reasonable Acconunodations/Retraining for Disabled 

Reasonable Accommodations/Retraining for NonQualified/Non-Disabled 

Pay Rate 

Soecial Protected Period Discharge 

602 Ombudsman Cases 

(36.4%) 

Discrimination as 

Retaliation for any Action 

20 Ombudsman Cases 

(1.2%) 

978 

55 

25 

19 

46 

14 

21 

6 

80 

260 

65 

12 

l 

53 

0 

20 

VETS 

Complaint Cases 

"Issue Codes" * 

ID - Military Obligations 

Discrimination 

II - Initial Hiring Discrimination 

408 Issues in 407 Complaint Cases 

(53.0% of Complaint Cases) 

IH - Health Benefits 

IP - Pension 

IS - Seniority 

IB - Other Non-Seniority Benefits 

IZ - Status 

IL - Layoff 

IV - Vacation 

IR - Reinstatement 

- -- - IT - Promotion 

IA - Reasonable Accommodations/Retraining for Disabled 

IW - Reasonable Acconunodations/Retraining for NonQualified/Non-Disabled 

IM- Pay Rate 

IF - Soecial Protected Period Discharge 

346 Issues in 286 Complaint Cases 

(37.2% of Complaint Cases) 

ID2 - Discrimination as 

Retaliation for any Action 

65 Issues in 65 Complaint Cases 

(8.5% of Complaint Cases) 

366 

42 

10 

20 

13 

20 

13 

45 

18 

123 

47 

5 

4 

26 

2 

65 

* To fac ilitate comparisons with ESGR data. VETS' da ta in tltis chan reflects only National Guard & Reseive (NG&R) complailll cases. whereas ALL complailll cases were reflected earlier in this Report 

in the "Mandated Reponing Requirements" section. Also. the percentages ofNG&R complaint cases among the three Primmy Categories for VETS in this cbat1 total less than 100%. because VETS' Issue 

and Case coums here do not include the uncategorized "Other" Problem/Issue Code. thereby excluding 17 "Otlier" VETS Issues and Cases from tltis cban. 

Figure 5. 

14 
 

iii. CASES REFERRED TO THE DEPARTMENT OF JUSTICE OR THE OFFICE OF SPECIAL COUNSEL 7

CASES REFERRED TO THE DEPARTMENT OF JUSTICE

In FY 2018, the Civil Rights Division received a total of 50 referrals from DOL. Seventeen were 

assessed as having merit and 33 were assessed as not having merit. Out of the cases that were assessed 

as having merit, DOJ offered representation in six cases, and declined representation in six cases, one of 

which DOJ facilitated settlement. Three referrals involved State agencies as potential defendants, two of 

which DOJ declined to pursue litigation in agreement with DOL, and one of which DOJ facilitated 

settlement. The remaining two referrals were still under consideration by DOJ in FY 2018. 

Out of the 33 cases assessed as having non-merit, based on DOL’s assessment and DOJ’s independent 

analysis of the merits of each referral, DOJ declined representation with respect to 30 referrals and 

offered representation in one referral. One referral involved a State agency, which DOJ declined to 

pursue litigation. The remaining referral was still under consideration by DOJ in FY 2018. 

The cases referred to the Civil Rights Division in FY 2018 involved a number of USERRA 

issues. Approximately 28% (14) of these cases involved allegations of termination and/or discharge; 

approximately 34% (17) of these cases involved reemployment allegations, such as accommodation and 

disability; and approximately 12% (6) of these cases involved allegations of loss or denial of benefits, 

such as loss of pay, assignment, reduction or loss of pension or health benefits, and loss of 

seniority. The remaining cases involved various forms of discrimination, with approximately 4% (2) 

involving failure to promote, approximately 4% (2) involving failure to hire or recruit, and 

approximately 56% (28) involving actions affecting the service member’s terms and conditions of 

employment, such as hostile work environment, discipline or harassment. The remaining 6% (3) of

these cases involved allegations of retaliation for asserting USERRA protection.8

CASES REFERRED TO THE OFFICE OF THE SPECIAL COUNSEL

In FY 2018, OSC received a total of 25 referrals from DOL. Additionally, three cases referred to OSC 

during previous fiscal years remained pending at the beginning of FY 2018. Thus, 28 total cases were 

pending at OSC during the fiscal year. OSC closed 22 of the 28 cases during FY 2018 (approximately 

80% within the 60-day time limit), while six cases remained pending at the end of the fiscal year. OSC 

also represented one service member in a USERRA appeal before the MSPB during FY 2018. The case 

is still pending. 

The cases referred to OSC in FY 2018 involved a number of USERRA issues. Approximately 76% (19) 

of the 25 cases involved allegations of discrimination based on uniformed service, including 

termination, non-promotion, non-selection, or improper denial of employment benefits; 16% (4) 

involved allegations of violations of reemployment rights; and 28% (7) involved allegations of 

retaliation for exercising USERRA rights.9

7 In contrast with Figure 3 above, this section counts the referrals actually received by DOJ and OSC during FY 2018. 

Therefore this section includes referrals from requests that were made in FY 2017 that were received in FY 2018, and 

excludes requests that were made in FY 2018 that were not received until FY 2019. 

8

 Several cases involved multiple issues. Each issue was counted separately. 

9 Some cases involved multiple issues. Each issue was counted separately. 

15 
iv. COMPLAINTS FILED BY THE ATTORNEY GENERAL

DOJ filed two USERRA complaints in FY 2018. Both of these cases were settled. 

On December 17, 2017, DOJ filed a complaint on behalf of Bobby Lindsay, a reservist in the Coast 

Guard who deployed for a three-month tour of duty after giving notice to his employer, Bridges 

Consulting, Inc. Towards the end of Mr. Lindsay’s deployment, he notified his employer that he 

expected to return to work at the conclusion of his deployment, but Bridges Consulting responded that 

he was no longer an employee of the company. Mr. Lindsay extended his orders several times and 

several times requested reemployment. DOJ’s complaint alleged both that Bridges Consulting failed to 

reemploy Mr. Lindsay in violation of USERRA’s reemployment provisions and that Bridges Consulting 

terminated Mr. Lindsay on the basis of his membership in the Coast Guard, his absence to perform 

military service, and/or his military service obligations, in violation of USERRA’s discrimination 

provisions. 

On March 1, 2018, DOJ filed a complaint on behalf of Charles “Chip” O’Donnell, a U.S. Army 

Reservist who was terminated from his job as a program manager as part of a reduction in force less 

than a month after returning from military service, despite having more seniority than other program

managers who were not terminated and positive performance reviews. 

v. COMPLAINTS FILED BY THE OFFICE OF SPECIAL COUNSEL

OSC filed a USERRA case before the MSPB on March 14, 2018, seeking reinstatement of a U.S. Postal 

Service (USPS) employee, John D. Patrie. Mr. Patrie, a letter carrier in Maine, and a member of the 

Maine Air National Guard, had previously filed a USERRA complaint with VETS alleging that USPS 

denied him his USERRA rights when it failed to reinstate him in his escalator position following 

completion of his military service. USPS claimed that Mr. Patrie abandoned his civilian position in 

order to pursue a military career. Following a VETS investigation, which found that Mr. Patrie’s 

allegations were substantiated, Mr. Patrie exercised his right to referral to OSC. On April 25, 2019, an 

administrative judge (AJ) with the MSPB issued a decision ordering USPS to reinstate Mr. Patrie 

retroactive to January 2016, and provide him with appropriate back pay and benefits. The USPS has 

appealed this decision to the MSPB. 

vi. CASES REVIEWED BY DOL AND ESGR INVOLVING THE SAME PERSON

DOL’s response to paragraph 5 of the Mandated Reporting Requirements, setting forth the number of 

cases reviewed by DOL and DOD through ESGR that involve the same person, indicates that in 

comparing ESGR data on USERRA cases during the fiscal year, 163 likely matches were identified. 

This figure indicates that first ESGR, and subsequently DOL, handled the same individuals’ claims. 

DOL closed all but one of these 163 likely matches by June 18, 2019, under the following closure codes: 

no merit, 57 (35.2%); administrative, 15 (9.3%); claim granted, 17 (10.5%); claim settled, 17 (10.5%); 

claim withdrawn, 43 (26.5%); not eligible, 4 (2.5%); and merit, not resolved, 8 (4.9%); merit 

undetermined, 1 (0.6%). An explanation of VETS case closure codes appears in the explanation of the 

status of cases reviewed by DOL. 

The following chart shows how the alleged issues in these 163 likely match cases were distributed 

among the various VETS’ closure codes.

16 
VETS' Data For 163 Likely Case Matches with FY 2018 ESGR Cases* 

VETS' Closure Codes 

VETS' USERRA Issue Codes NUMBER PERCENT 

OF CASES OF All 

Administrative Claim Granted Claim Settled Claim Merit Merit.Not No Merit Not Eligible (Still Open as of FOR EACH LIKELY Withdrawn undetermined Resolved 6/18/2019) 

ISSUE MATCH 

CODE: CASES: 

Military Obl igations Discrimination 0 0 0 1 0 0 1 0 0 2 1.2% 

Reinstatement 0 6 0 0 0 0 1 0 0 7 4.3% 

Other Non-Seniorit y Benefits 14 2 8 24 1 2 30 2 1 84 51.5% 

Promotion 0 0 0 2 0 0 4 0 0 6 3.7% 

Vacatio n 0 0 1 2 0 1 1 0 0 5 3.1% 

Status 0 0 0 0 0 0 0 0 0 0 0.0% 

Pay Rate 0 1 0 0 0 0 0 0 0 1 0.6% 

Reasonable Accommodations/Retraininc for Non- 1 0 1 3 0 1 4 0 0 10 6.1% Qualifi ed/Non-Disa bl ed 

Discriminat ion u Ret aliat ion for any Action 0 0 0 1 0 0 4 0 0 5 3.1% 

Seniority 0 0 0 0 0 0 3 0 0 3 1.8% 

Pension 0 9 0 0 0 0 2 2 0 13 8.0% 

Init ial Hirinc Discrimination 0 1 6 6 0 3 9 1 0 26 16.0% 

Layoff 0 0 0 1 0 0 1 0 0 2 1.2% 

Special Prot ected Period Oischarc• 0 0 0 3 0 0 3 0 0 6 3.7% 

Health Benef its 0 0 0 1 0 0 1 0 0 2 1.2% 

RHsonable Accommodations/Retn1ininc for Di ui bled 0 0 0 1 0 0 0 0 0 1 0.6% 

Ot he r 0 1 1 0 0 1 0 0 0 3 1.8% 

NUMBER OF ISSUE CODES FOR EACH CLOSURE CODE: 15 20 17 45 1 8 64 5 1 176 

PERCENT OF All LIKELY MATCH CASES: 9.2% 12.3% 10.4% 27.6% 0.6% 4.9% 39.3% 3.1% 0.6% 108.0% 

• OTE: Many USERRA cases itn-olve multiple issues. and VETS records all the USERRA issues involved in a case. As a result. the numbers of cases and issues in this ch.u1 exceed the 163 ESGR and 

VETS cases involving the same person. and the combined percentages exceed 100%. Matching of FY 20 18 ESGR cases and VETS cases initially opened 10/1/2017 to 10/31/2018 is based on claim dates and 

claimant names. 

Figure 6.

17 
 

 

 

8. WITH RESPECT TO THE CASES REPORTED ON PURSUANT TO PARAGRAPHS 1, 2, 3, 4,

AND 5, THE NUMBER OF SUCH CASES THAT INVOLVE PERSONS WITH DIFFERENT 

OCCUPATIONS OR PERSONS SEEKING DIFFERENT OCCUPATIONS, AS DESIGNATED BY 

THE STANDARD OCCUPATIONAL CLASSIFICATION SYSTEM. 

VETS is the only Federal agency that collected occupational data on USERRA claimants and recorded 

the respective Standard Occupational Classification System (SOCS) code in FY 2018. Therefore, SOCS 

code data is not available for ESGR mediation cases. The chart below shows the full distribution of the 

SOCS codes in FY 2018 USERRA cases, across four different categories: VETS cases; cases common 

to VETS and ESGR; referrals to DOJ; and referrals to OSC. The predominant occupations found among 

each of these four categories of cases can be summarized as follows: 

 Out of 888 (97%)10 of the unique complaints filed in FY 2018, 20% of complaints involved 

Protective Service occupations; 11% involved Management occupations; and 9% involved 

Office and Administrative Support occupations. 

 Out of 159 (98%)11 of the cases reviewed by VETS and ESGR likely involving the same person 

in FY 2018, 19% of those cases involved Protective Service occupations, and each of three 

categories (Management; Office and Administrative Support; and Transportation and Material 

Moving) involved 9% of complaints.

 Out of the 50 referral cases received by the Attorney General from DOL in FY 2018, 20% of 

those cases involved Protective Service occupations; 16% involved Management occupations; 

and 12% involved Transportation and Material Moving occupations. 

 Out of the 25 referral cases received by OSC from DOL in FY 2018, 24% of complaints 

involved Protective Service occupations; 20% involved Business and Financial Operations 

occupations; and 16% involved Management occupations. 

10 Total is less than 100% because the SOCS code was not recorded for some cases. 11 Total is less than 100% because the SOCS code was not recorded for some cases. 

18 
 

 

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Figure 7. Occupations Involved in FY 2018 USERRA CASES12

As designated by the Standard Occupational Classification System (SOCS) 

Percentage of Cases 

SOCS Job Family involving SOCS Code

VETS Cases Referrals to

DOJ OSC

Protective Service 20% 20% 24% 

Management 11% 16% 16% 

Office and Administrative Support 9% 8% 8% 

Transportation and Material Moving 8% 12% 0% 

Installation, Maintenance, and Repair 8% 6% 4% 

Business and Financial Operations 6% 4% 20% 

Healthcare Practitioners and Technical 6% 4% 0% 

Production 5% 4% 0% 

Computer and Mathematical 4% 2% 0% 

Sales and Related 4% 0% 0% 

Common 

to VETS 

& ESGR 

19% 

9% 

9% 

9% 

8% 

7% 

7% 

5% 

3% 

2% 

9. AN INDICATION OF WHETHER THERE ARE ANY APPARENT PATTERNS OF VIOLATION OF

THE PROVISIONS OF USERRA, TOGETHER WITH AN EXPLANATION THEREOF. 

No patterns of violations of USERRA became apparent in FY 2018. DOL will continue to monitor 

USERRA cases to identify trends as they arise. 

12 The following occupations accounted for 2% or fewer within each case/referral category shown in this chart with 

exceptions as noted here: Architecture and Engineering (Exceptions: 3% of VETS Cases; 4% of Referrals to DOJ; and 4% of 

Referrals to OSC); Community and Social Services (Exceptions: 3% of VETS Cases; 4% of Referrals to DOJ; and 3% of 

Cases Common to VETS & ESGR); Food Preparation and Serving Related (Exception: 5% of Cases Common to VETS & 

ESGR); Construction and Extraction (Exceptions: 4% of Referrals to DOJ, and 3% of Cases Common to VETS & ESGR); 

Education, Training, and Library (Exceptions: 10% of Referrals to DOJ, and 3% of Cases Common to VETS & ESGR); Life, 

Physical, and Social Science (Exception: 12% of Referrals to OSC); Building and Grounds Cleaning and Maintenance

(Exception: 8% of Referrals to OSC); Arts, Design, Entertainment, Sports, and Media (Exception: 4% of Referrals to OSC); 

Healthcare Support; Farming, Fishing, and Forestry; Legal; Military Specific; and, Personal Care and Service occupations. 

19 
10. RECOMMENDATION FOR ADMINISTRATIVE OR LEGISLATIVE ACTION THAT THE

SECRETARY, THE ATTORNEY GENERAL, OR THE SPECIAL COUNSEL CONSIDERS 

NECESSARY FOR THE EFFECTIVE IMPLEMENTATION OF USERRA, INCLUDING ANY 

ACTION THAT COULD BE TAKEN TO ENCOURAGE MEDIATION, BEFORE CLAIMS ARE 

FILED UNDER USERRA, BETWEEN EMPLOYERS AND PERSONS SEEKING EMPLOYMENT 

OR REEMPLOYMENT. 

Recommendation from DOL: None at this time. 

Recommendation from DOJ: DOJ has sent to Congress proposed legislation that would strengthen 

protections for service members under USERRA and increase DOJ’s enforcement authority. Among 

other things, this legislation would give DOJ authority to initiate pattern or practice litigation to address 

systemic violations of service members’ rights, rather than having to wait to receive a referral from

DOL. The legislation would also add jurisdiction in State courts for service members seeking to enforce 

their USERRA rights through private litigation. DOL concurs with these recommendations.

20 
USERRA annual reports are available for fiscal years (FY) 1995-1999 and 2004-2018. 

No reports are available for FY 2000-2003 because the reporting requirement expired in FY 

2000. It was reinstated by Section 202 of the Veterans Benefits Improvement Act of 2004, P.L.

108-454, 118 Stat. 2598 (December 2004).
Veterans’ Employment and Training Service 

U.S. Department of Labor | 200 Constitution Avenue, NW | Washington, DC