prepared by

Office of the Assistant Secretary 

for Veterans’ Employment and Training

uniformed services employment and reemployment rights act of 1994

ANNUALREPORT TOCONGRESS

JULY 2014

2013

United States Department of Labor
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

INTRODUCTION i

OVERVIEW OF USERRA PROTECTIONS

1

USERRA SERVICES PROVIDED BY THE DEPARTMENT OF DEFENSE’S 

EMPLOYER SUPPORT FOR THE GUARD AND RESERVE 2

OVERVIEW 2

OUTREACH PROGRAMS 2

OMBUDSMAN SERVICES 3

DEPARTMENT OF LABOR’S USERRA OUTREACH AND CLAIMS INVESTIGATION 4

VETS PUBLIC EDUCATION AND COMPLIANCE ASSISTANCE EFFORTS 4

VETS INVESTIGATIVE PROCESS 4

CASE REFERRAL PROCESS 5

DEPARTMENT OF JUSTICE ENFORCEMENT 5

OFFICE OF SPECIAL COUNSEL ENFORCEMENT 6

USERRA IN THE FEDERAL SECTOR 6

 USERRA DEMONSTRATION PROJECT 6

MANDATED REPORTING REQUIREMENTS 7

1. THE NUMBER OF CASES REVIEWED BY THE DEPARTMENT OF LABOR UNDER THIS CHAPTER 

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

2. THE NUMBER OF CASES REVIEWED BY ESGR, ON BEHALF OF THE SECRETARY OF DEFENSE,

DURING THE FISCAL YEAR. 8 

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 ESGR 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 PURSUANT TO PARAGRAPH 1, 2, 3, 4,

OR 5. 10

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. 16

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

PROVISIONS OF THIS CHAPTER, TOGETHER WITH AN EXPLANATION THEREOF. 17

10. RECOMMENDATION FOR ADMINISTRATIVE OR LEGISLATIVE ACTION THAT THE SECRETARY,

THE ATTORNEY GENERAL, OR THE SPECIAL COUNSEL CONSIDERS NECESSARY FOR THE 

EFFECTIVE IMPLEMENTATION OF THIS CHAPTER, INCLUDING ANY ACTION THAT COULD BE 

TAKEN TO ENCOURAGE MEDIATION, BEFORE CLAIMS ARE FILED UNDER THIS CHAPTER,

BETWEEN EMPLOYERS AND PERSONS SEEKING EMPLOYMENT OR REEMPLOYMENT. 18
i

Introduction

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

4301-4335 (USERRA), 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) 2013 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 this chapter 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 each of the cases referenced 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.

7. The nature and status of each of the cases referenced above. 
ii

8. With respect to each of the cases referenced above, the number of such cases that involve 

persons with different occupations or persons seeking different occupations, as designated by 

the Standard Occupational Classification System.

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

chapter 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 this chapter, including any action that could be taken to encourage 

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

employment or reemployment.
1

Overview of USERRA Protections

USERRA generally requires U.S. employers, regardless of size or location of operation (United 

States, its territories, or any foreign country) 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. 

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, or 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, DOD, and the U.S. Office of Personnel Management (OPM) share responsibility for promoting 

a clear understanding of USERRA among employers and individuals concerning their respective 

rights and responsibilities under USERRA. 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 misunderstanding of the law and 

ensuring that protected individuals understand their rights and know what assistance is available to 

help them secure those rights. OPM administers USERRA for the Federal Government, and issues

guidance on ways to improve USERRA protection policies and practices. Further, USERRA requires 

the OPM and all Federal agencies to provide USERRA awareness training to human resources

personnel. 

There are three levels of Federal assistance available to individuals who believe their USERRA rights 

may have been violated. ESGR Ombudsmen services are the most informal level at which resolution 

can be sought. If the issue cannot be resolved by the ESGR Ombudsman, or if the individual prefers 

to bypass informal resolution, VETS formally investigates complaints received and attempts to 

resolve those complaints. If, following VETS’ investigation and attempts at resolution, the claimant 

is not fully satisfied with the outcome, VETS informs the individual of his or her right to have the 

case referred for consideration of legal representation at no cost to the claimant. Referrals are made 

to the Department of Justice (DOJ) in cases involving a private or State or local government 

employer, or to OSC1 in cases involving a Federal employer. Claimants also have the right at any 

 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.
2

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 levels of Federal assistance available, beginning with outreach 

and education and continuing through informal dispute resolution, formal investigation and 

resolution, referral, and finally, consideration of and provision of legal representation, as appropriate. 

Finally, the report responds to each of the statutorily-mandated reporting requirements described in 

the introduction to this report. 

USERRA SERVICES PROVIDED BY THE DEPARTMENT OF DEFENSE’S 

EMPLOYER SUPPORT OF THE GUARD AND RESERVE

OVERVIEW

ESGR is an office within DOD that facilitates and promotes a cooperative culture of employer 

support for National Guard and Reserve service by developing and advocating mutually beneficial 

initiatives; recognizing outstanding employer support; increasing awareness of applicable laws and 

policies; resolving potential employment conflicts between employers and their service members; and 

acting as the employers’ principal advocate within DOD.

ESGR has conducted outreach to Reserve Component (RC) service members and their employers 

since its inception in 1972. Hundreds of thousands of RC service members and employers have 

benefited from ESGR products and services. With National Guard and Reserve forces making up 

nearly 50% of our military strength, the support of civilian employers is now more critical than ever 

to our national defense.

 

ESGR has a national and local organizational structure that provides support to:

• Operate a proactive outreach program, directed at U.S. employers, employees, and 

communities, that ensures understanding and appreciation of the role of the Guard and 

Reserve in the context of the DOD Total Force Policy.

• Assist in preventing, resolving, or reducing employer and/or employee problems and 

misunderstandings that result from Guard or Reserve service, training, or duty requirements 

through information services and mediation.

• Assist in educating National Guard and Reserve members regarding their obligations and 

responsibilities to employers.

• Use the military chain of command to promote better understanding of the importance of 

maintaining positive working relations between employers and their RC employees, in order 

to sustain military participation.

Today, more than 4,700 ESGR volunteers serve across the nation in all 50 states, the District of 

Columbia, Guam-CNMI, Puerto Rico, and the U.S. Virgin Islands; 700 of those 4,700 serve as 

Ombudsmen. The Headquarters (HQ) ESGR in Alexandria, Virginia, provides guidance and 

resources to the 54 ESGR State Committees that conduct employer and military outreach programs.

These employers and military outreach programs also include participants from the volunteer 

ombudsmen services program. ESGR Ombudsmen are specifically trained in USERRA using neutral 

mediation techniques, resolving employment conflicts between service members and employers, and 

furthering the understanding of and compliance with USERRA regulations. ESGR conducts 
3

proactive outreach programs and provides responsive Ombudsman Services in support of its mission. 

In FY 2013, ESGR volunteers influenced 161,488 employers and 494,270 service members, 

informing both groups on responsibilities and rights under USERRA.

Outreach Programs

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

engender positive support for Guard and Reserve service. These programs include the voluntary 

participation by employers in the Statement of Support Program and recognition of employers who 

go “above and beyond” the requirements of USERRA.

Employers who participate in the Statement of Support Program pledge that:

1. They fully recognize, honor and enforce USERRA.

2. Their managers and supervisors will have the tools they need to effectively manage those 

employees who serve in the Guard and Reserve.

3. They appreciate the values, leadership, and unique skills service members bring to the 

workforce and will encourage opportunities to hire Guardsmen, Reservists, and veterans.

4. They will continually recognize and support our country’s service members and their families 

in peace, in crisis, and in war.

The ESGR awards program is designed to recognize employers for employment 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 

supervisors with the Patriot Award. In addition, the Secretary of Defense Employer Support 

Freedom Award is the U.S. Government’s highest honor bestowed on employers, and is presented 

annually to a maximum of 15 select large, small, and public-sector employers who have 

demonstrated exceptional support to National Guard and Reserve employees. 

During FY 2013, ESGR recognized 11,044 supervisors of RC service members with the Patriot 

Award. HQ ESGR received 2,899 nominations for the 2013 Secretary of Defense Employer Support 

Freedom Award. During the same period, 57,887 employers signed Statements of Support. 

Ombudsman Services

The primary means of assisting National Guard and Reserve members with USERRA employment 

conflicts is through a nationwide Ombudsman Services Program that reduces, resolves, and helps 

prevent employer and/or employee misunderstandings and problems. The Ombudsman Services 

Program provides education, information, and neutral third-party mediation services in order to 

resolve employee/employer USERRA conflicts. ESGR is not an enforcement agency, and does not 

participate in formal litigation processes.

ESGR and DOL collaborate under an interagency Memorandum of Understanding (MOU) that 

sustains the organizations’ cooperation in managing and resolving USERRA cases and expedites the 

sharing of information between the two agencies. The MOU between ESGR and DOL stipulates that 

when a case cannot be resolved by ESGR within 14 to 30 calendar days, ESGR will close the case 

and notify the parties that the service member may file a case with DOL or retain private counsel. 

ESGR has a national network of over 700 volunteer Ombudsmen that assist in helping to resolve 
4

USERRA compliance issues throughout the nation. ESGR’s ombudsmen volunteers receive training 

on USERRA and dispute resolution techniques. They also serve as a neutral third party between the 

employer and employee to inform and educate all involved parties on the requirements of the law, as 

well as to work to obtain a mutually agreeable solution to the dispute. 

ESGR operates and maintains a Customer Service Center (CSC) that acts as the initial entry point for 

USERRA complaints, inquiries and information requests with DOD. The CSC provides prompt, 

expert telephonic and email responses to service members and employers on all USERRA-related

matters. During FY 2013, ESGR received 19,938 contacts by telephone and email; of which 2,544 

contacts resulted in actual USERRA mediation cases. ESGR’s mediation efforts covered an array of 

USERRA issues that included 1,112 complaints involving some type of military discrimination, 

1,149 complaints involving job reinstatement and reemployment problems, and 213 complaints 

involving possible retaliation or reprisal. There were 560 USERRA mediation cases in which ESGR 

was unable to obtain an agreement between the employee and employer. In those instances, ESGR 

Ombudsmen informed both parties that the employee (service member) had the right to file a case 

with DOL or seek assistance through a private attorney. 

ESGR and VETS will continue to track problems, coordinate issues, and identify trends in future 

fiscal years, as a key part of both agencies' efforts to improve services to the National Guard and 

Reserve.

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, VETS has briefed more than one million individuals on USERRA. In FY 2013 alone, 

VETS presented USERRA information to more than 47,000 people. Briefings to mobilizing and 

demobilizing members of the Guard and Reserve are given in collaboration with ESGR. Together, 

the two agencies strive to ensure that every RC member receives a USERRA briefing upon 

mobilization and demobilization from active military service. 

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 with VETS online or submit a signed form in person 

or via mail or facsimile. Some complaints originate with ESGR and are subsequently filed with 

VETS. Upon receipt of an electronically-filed or signed and completed complaint form (the VETS 

1010, available to the public online through VETS’ web page), VETS immediately opens a formal 

investigation. A brief notification of process rights, written in easy-to-understand question-andanswer 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, under authority of subpoena if necessary. To ensure investigations are of the 

highest quality and are conducted in a uniform and timely manner, VETS investigators are 
5

extensively trained in the legal aspects of USERRA investigative techniques and in the agency’s 

rigorous 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 the claimant agrees to an extension of time 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. A claimant whose case is being investigated by VETS may be 

concurrently represented by a third party, including private counsel, but VETS will continue its 

efforts only as long as the third party does not interfere with the investigation. An example of 

interference would be contacting the employer or potential witnesses.

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 the OSC, as appropriate. If a claimant requests that a case be referred, 

VETS must refer the claim regardless of whether VETS has found merit in the complaint. VETS has 

60 days to complete this referral process, unless the claimant agrees to an extension of time.

DEPARTMENT OF JUSTICE ENFORCEMENT

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

are protected. If DOL cannot resolve a service member’s USERRA claim, the service member may 

ask DOL to refer the service member’s claim to the Attorney General for review. Each DOL referral 

includes: (1) the VETS investigative file; and (2) a memorandum analyzing the case and providing a 

recommendation as to whether representation should be provided or declined. 

Upon receipt of a referred USERRA claim from DOL, DOJ reviews 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. If DOJ determines that it will not offer representation to the service member, 

it informs the service member of this decision and notifies him or her that he or she has the right to 

proceed with private counsel. 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 83

USERRA lawsuits seeking relief for service members and favorably resolved 128 USERRA 

complaints either through consent decrees obtained in those suits or through facilitated private 

settlements.
6

DOJ has actively participated as amicus curiae in appeals involving the important rights of service

members, including the Supreme Court case Staub v. Proctor Hospital, the Second Circuit appeal in

Serrichio v. Wachovia Securities, and the First Circuit appeal in Rivera-Melendez v. Pfizer 

Pharmaceuticals, LLC. DOJ also intervened and participated as amicus curiae to defend USERRA’s 

constitutionality in Weaver v. Madison City Board of Education (N.D. Ala.), filed in 2012, and the 

right of service members to file private USERRA claims against States in Ramirez v. State of New 

Mexico Youth and Family Services (N.M. App.), filed in 2013. 

In FY 2014, 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 government. While DOJ will continue to aggressively pursue litigation when warranted, it seeks 

to resolve meritorious referrals without contested litigation whenever possible. 

OFFICE OF SPECIAL COUNSEL ENFORCEMENT

OSC’s enforcement responsibilities apply to Federal-sector USERRA cases. Pursuant to an existing 

MOU between DOL and OSC, case referrals from DOL to OSC following a VETS investigation are 

addressed in a manner similar to that used in DOJ referrals discussed above, and also include a 

written legal analysis from DOL’s Solicitor’s Office that includes a recommendation regarding the

merit of the claim. 

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. In July 2012, President Obama issued a Memorandum reaffirming the Administration’s 

commitment to the employment and reemployment rights of service members and veterans and 

reiterating that the “Federal Government, as our Nation’s largest employer, has a responsibility to 

adopt best practices with respect to employing returning service members.” The President 

established a USERRA Employment Protection Working Group to coordinate and review agency 

efforts to implement model practices and comply with the statute. DOL, DOJ, OPM, OSC, and other 

key Federal agencies participated. 

The Working Group led Federal agencies in the establishment of training protocols for senior leaders 

and managers, human resources professionals, legal departments, and service members, so that all 

front-line agency personnel understand their role in USERRA. On September 10, 2013, OPM issued 

guidance in response to the President’s Memorandum on ways to improve USERRA protection 

policies and practices. This guidance contains strategies and data improvement guidance for agencies 

to use to help strengthen their response to USERRA. A focus on continuous engagement with service 

members before, during and after their military service will help ease their transition from active duty 

to the civilian Federal workforce, which will in turn help further the goal of making the Federal

Government a model employer and help agencies comply with USERRA. In addition, continued 

identification and sharing of best practices will ensure that the most effective approaches are used to 

assist veterans and service members as they search for employment or return to their civilian jobs in

the Federal Government. 
7

USERRA DEMONSTRATION PROJECT

VETS and OSC have been collaborating on implementing and supporting the U.S. Government

Accountability Office’s (GAO) assessment of a three-year demonstration project, mandated by the 

Veterans’ Benefits Act of 2010, Pub. L. No. 111-275 (VBA of 2010), to compare the performance of 

VETS and OSC in the investigation of USERRA complaints against Federal government agencies 

across a number of dimensions, such as timeliness, case outcomes, and cost effectiveness. Under the 

Demonstration Project, which began on August 9, 2011, OSC investigates and attempts to resolve all 

Federal complaints filed by service members whose Social Security Numbers (SSN) end in an odd 

digit or who allege a related Prohibited Personnel Practice (PPP) allegation under 5 U.S.C. § 2302(b) 

(regardless of SSN). VETS investigates and attempts to resolve the remaining Federal complaints 

(those associated with even-numbered SSNs that have no related PPP allegation) and all non-Federal 

complaints (those against private, State, and local employers).2 

During FY 2013, USERRA Demonstration Project cases were distributed as follows:

 

Demonstration 

Project Cases

Cases 

Pending at 

Start of 

FY 20133

New 

Cases 

Opened in 

FY 20134

Total Cases 

Reviewed in 

FY 2013

Cases 

Closed in 

FY 2013

Cases 

Pending at 

Start of 

FY 2014

VETS 14 102 116 102 14

OSC 88 137 225 154 71

In order to implement the demonstration project, VETS and OSC entered into a MOU establishing 

how cases will be transferred, reported, and how OSC will receive funding for those cases it receives 

from VETS. VETS’ USERRA Information Management System (UIMS), which collects and reports 

key information on USERRA cases, has been modified to collect and show data related to the 

demonstration project, and the appropriate electronically filed claims are automatically transferred to 

OSC for greatest efficiency. In addition, VETS established a cost-tracking system specific to its 

investigations under the demonstration project to enable GAO to compare the costs of Federal 

USERRA investigations in the two agencies. 

To further comply with the VBA of 2010, VETS and OSC developed and implemented a customer 

satisfaction survey (CSS) to measure USERRA claimants’ overall satisfaction with the investigative 

process and to offer them an opportunity to comment on the manner in which their claims were

handled. VETS and OSC developed a series of questions designed to elicit unbiased information in 

 2 USERRA complaints received by OSC under the Demonstration Project are separate and apart from USERRA cases 

referred to OSC by DOL under 38 U.S.C. § 4324 (see “CASES REFERRED TO THE OFFICE OF THE SPECIAL COUNSEL”). 3 FY 2012 Annual Report to Congress reported that VETS closed 100 Demonstration Project cases in FY 2012, but that 

number did not include 14 FY 2011 cases carried over into FY 2012 that were ultimately closed in FY 2012. Thus, the 

corrected total count for VETS Demonstration Project cases closed in FY 2012 was 114; and, as a result, the corrected 

count for “Cases Pending at Start of FY 2013” is reduced to 14, instead of the 28 shown in the FY 2012 Report. 4 Investigations of certain USERRA Demonstration Project cases begun in one agency that were found to properly belong 

with the other agency were transferred as appropriate for completion of the investigation, under Project guidelines. For 

Annual Report tracking purposes, each such case is counted under the agency that completed the investigation.
8

such areas as professionalism, oral and written communication, courtesy, access to VETS or OSC 

staff, and the claimants’ view of the overall quality of the investigation. 

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 THIS CHAPTER 

DURING THE FISCAL YEAR FOR WHICH THE REPORT IS MADE.

DOL reviewed 1,144 new unique cases in FY 2013 (OSC reviewed an additional 137 new unique 

cases as part of the USERRA Demonstration Project that began on 8/9/2011).5 Reviewed cases are 

those cases opened in conjunction with a signed or electronically-filed VETS 1010 complaint form. 

The table below provides the numbers of new unique USERRA cases handled by the Federal 

Government in FY 2008 – FY 2013. 

 Fiscal Year FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013

New VETS Cases

(Federal and Non-Federal)

1,389 1,431 1,438 1,548 1,275 1,144

OSC Cases 

(Federal only)

37 n/a* n/a* 28 150 137

Total New Cases 1,426 1,431 1,438 1,576 1,425 1,281

In FY 2013, DOL also carried over an additional 174 unique cases (open investigations) from FY 

2012, and OSC also carried over from FY 2012 an additional 88 unique cases (open investigations, as 

part of the USERRA Demonstration Project). During FY 2013, DOL reopened six cases from FY 

2012 and four from FY 2011 or earlier. In sum, DOL reviewed a total of 1,328 unique cases in FY 

2013, and OSC reviewed an additional 225 unique cases. 

2. THE NUMBER OF CASES REVIEWED BY ESGR, ON BEHALF OF THE SECRETARY OF 

DEFENSE, DURING THE FISCAL YEAR.

During FY 2013, ESGR received 19,938 contacts by telephone and email. Of those contacts, 2,544

resulted in actual USERRA cases for which ESGR Ombudsmen services were provided. 

 5 In this report, the term “new unique cases” means cases first received by VETS or OSC in a given year. This count 

eliminates duplications that result from a claimant filing the same complaint more than once; a case being closed in one 

State and reopened in another for administrative purposes; or a claimant reopening a claim that was previously closed. 

* OSC did not review new unique cases in FY 2009 and FY 2010 because the assignment of such cases to OSC under a 

demonstration project established by the Veterans Benefits Improvement Act of 2004 ended in FY 2008. However, OSC 

again began to review unique cases in FY 2011 under another demonstration project established by the VBA of 2010.
9

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 2013, DOL referred 83 cases to the Attorney General’s Civil Rights Division and seven cases 

to OSC. During the fiscal year, OSC did not represent any service members before the MSPB that

resulted in a MSPB decision. The nature and status of these referred cases is reflected in mandatory 

reporting requirement number seven of this report.

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

SECTION 4323 DURING SUCH FISCAL YEAR. 

DOJ filed six USERRA complaints in FY 2013: three of these cases have now settled; DOJ withdrew 

as counsel from one case due to a private settlement; and, the remaining two cases are in active 

litigation.

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

THAT INVOLVE THE SAME PERSON.

ESGR provided VETS with the names of 2,403 individuals who had filed the 2,544 cases reviewed 

by ESGR Ombudsmen in FY 2013, and the date of each case. VETS compared the ESGR data to its 

own data6 on cases initially opened between October 1, 2012 and October 31, 20137

. This 

comparison resulted in 270 likely matches; thus, it appears that 11% of FY 2013 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. Fifteen of the new unique cases first reviewed by VETS in FY 2013 (1.3%)

involved a disability-related issue.

ii. Forty of the ESGR cases first reviewed in FY 2013 (1.6%) involved a 

disability-related issue. 

iii. Of the cases referred for consideration of litigation, one of those referred to 

DOJ and none of those referred to OSC involved a disability-related issue. 

iv. Of the six cases filed by DOJ in FY 2013, none involved a disability-related 

issue. 

v. With respect to the 270 cases reviewed by DOL and ESGR involving the 

same person in FY 2013, three (1.1%) involved a disability-related issue.

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

complete confidence. 

7 October data was included to capture late FY 2013 ESGR cases that were filed with VETS early in FY 2014.
10

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

i. In FY 2013, VETS asked claimants whether they had a service-connected disability. 

Among the 1,144 new unique cases VETS received, VETS obtained responses from 1,130

claimants, 23% (260) of whom reported having such a disability. Among these 260

claimants who reported having a service-connected disability, 13 also claimed a 

USERRA-related disability issue. Among the remaining 870 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 cases referred for consideration of litigation, 24 of those referred to DOJ involved a 

claimant who reported a service-connected disability, and none of the referred cases 

included a USERRA-related disability issue. Four of those referred to OSC involved a 

claimant who reported a service-connected disability, and none of the referred cases

included a USERRA-related disability issue. 

iv. Of the six cases filed by DOJ in FY 2013, one involved a person with a service-connected 

disability, and none of those six cases included a USERRA-related disability issue. 

v. With respect to the 270 cases reviewed by VETS and ESGR involving the same person in 

FY 2013, VETS obtained service-connected disability responses from 264 of these 

claimants, 16% (43) of whom reported having such a disability. Two claimants among 

the 43 who reported having a service-connected disability also claimed a USERRArelated disability issue. Among the remaining 221 claimants who responded but did not 

report having a service-connected disability, two claimed a USERRA-related disability 

issue. 

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: 
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Cases Opened by VETS in FY 2013

USERRA ISSUE

VETS CASES 

ALLEGING ISSUE*

NUMBER PERCENT

Military obligations discrimination 435 38.0%

Reinstatement 290 25.3%

Other non-seniority benefits 43 3.8%

Promotion 83 7.3%

Vacation 21 1.8%

Status 38 3.3%

Pay rate 51 4.5%

Reasonable accommodation/ retraining for nonqualified/non-disabled 6 0.5%

Discrimination as retaliation for any action 86 7.5%

Seniority 36 3.1%

Pension 41 3.6%

Initial hiring discrimination 78 6.8%

Layoff 30 2.6%

Special protected period discharge 21 1.8%

Health benefits 18 1.6%

Reasonable accommodations/retraining for disabled 15 1.3%

Other 38 3.3%

* Note: Because many USERRA cases involve multiple issues, the number of cases in this chart exceeds the 

1,144 new unique cases reported by VETS in FY 2013 and the combined percentages exceed 100%.

DOL closed 1,193 cases in FY 2013 under the following closure codes: no merit, 384 (32%); 

administrative, 103 (9%); claim granted, 210 (18%); claim settled, 132 (11%); claim withdrawn, 199

(17%); not eligible, 46 (4%); referred, 97 (8%); merit, not resolved, 22 (2%); merit undetermined, 0

(0%).8 An explanation of case closure codes follows.

 8 Combined closure code percentages exceed 100% due to the effects of rounding each code to a whole percentage. 
12

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

ESGR Ombudsman services covered an array of USERRA issues that included 1,112 complaints 

involving some type of military discrimination; 1,149 complaints involving job reinstatement and 

reemployment problems; and 213 cases involving possible retaliation or reprisal during FY 2013. 

ESGR resolved 1,984 of its 2,544 Ombudsman cases. There were 560 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. 

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, failure to attend scheduled meetings or conferences, and failure to make a 

written request for referral after being given the opportunity to do so.

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

entitled to be represented either by VETS or by a third party under USERRA, he or she may not 

be simultaneously represented by both parties if the representation interferes with the 

investigation. If the claimant insists on being represented by a third party in a USERRA case, 

and that representation interferes with a VETS 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 for less than the 

claimant's full entitlements under USERRA. 

• WITHDRAWN CLAIM: When the claimant informs VETS in writing of his/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/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 to the Regional 

Solicitor's Office 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.
13
14

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

CASES REFERRED TO THE DEPARTMENT OF JUSTICE

In FY 2013, the Civil Rights Division received 22 referrals from DOL in which DOL found the 

claims to be meritorious and recommended that DOJ offer representation to the service member. 

DOJ offered representation in 10 cases (one of which DOJ facilitated settlement, and one of which 

was withdrawn by the service member due to a private settlement), facilitated two settlements, and 

declined representation in seven cases. Two referrals involved State agencies: in one of these 

referrals, DOJ facilitated a settlement, and in the other, DOJ pursued litigation. The remaining 

referral is still pending. 

DOJ received an additional 61 referrals from DOL in FY 2013 with a finding of non-merit and a 

recommendation that DOJ decline to litigate the case. Based on DOL’s recommendation and DOJ’s 

independent analysis of the merits of each referral, DOJ declined representation with respect to 55

referrals. The remaining six referrals involved State agencies and, in agreement with DOL, DOJ 

declined to pursue litigation.

The cases referred to the Civil Rights Division in FY 2013 involved a number of USERRA 

issues. Approximately 42% (35) of these cases involved allegations of termination and/or discharge, 

approximately 34% (28) involved reemployment allegations, and approximately 18% (15) involved 

allegations of loss or denial of benefits, such as loss of pay, assignment, reduction or loss of pension 

or health benefits, or loss of seniority. These cases also involved various forms of discrimination, 

with approximately 12% (10) involving failure to promote, approximately 4% (3) involving failure to 

hire, 1% (1) involving service connected disability, and approximately 61% (51) involving actions 

affecting the service member’s terms and conditions of employment, such as discipline or 

harassment. Eleven percent (9) of these cases involved allegations of retaliation for asserting 

USERRA protection.9

CASES REFERRED TO THE OFFICE OF THE SPECIAL COUNSEL

During Fiscal Year 2013, DOL referred seven cases to OSC at the request of the service member, 

under 38 U.S.C. Sec. 4324. Additionally, 11 cases referred to OSC during previous fiscal years

remained pending at the beginning of Fiscal Year 2013. Thus, 18 total cases were pending at OSC 

during the fiscal year. OSC closed 12 of the 18 cases during Fiscal Year 2013, with six cases 

pending at the end of the fiscal year. OSC did not file any actions with the MSPB during the fiscal 

year.

In 12 of the 18 cases, the service member alleged discrimination based on uniformed service,

including termination, non-promotion, non-selection, or improper denial of employment benefits; in 

five cases, violations of reemployment rights; and in one case, retaliation for exercising USERRA 

rights.

USERRA cases referred to OSC by DOL under 38 U.S.C. § 4324 are separate and apart from 

USERRA complaints received by OSC under the current USERRA Demonstration Project (see

 9 Several cases involved multiple issues. Each issue was counted separately.
15

“USERRA DEMONSTRATION PROJECT”).

iv. COMPLAINTS FILED BY THE ATTORNEY GENERAL

DOJ filed six USERRA complaints in FY 2013. Two of these cases have now settled. DOJ 

withdrew as counsel from one case due to a private settlement and the remaining three cases are in 

active litigation.

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

DOL’s response to Mandated Reporting Requirement # 5, 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, 270 likely matches were identified. This figure 

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

DOL closed 268 of these 270 likely matches by May 13, 2014, under the following closure codes: no 

merit, 80 (30%); administrative, 16 (6%); claim granted, 55 (21%); claim settled, 43 (16%); claim 

withdrawn, 29 (11%); not eligible, 12 (4%); referred, 22 (8%); merit, not resolved, 11 (4%); merit 

undetermined, 0 (0%). 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 270 likely match cases were distributed 

among the various VETS’ closure codes: 
16

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 2013. Therefore, SOCS 

code data is not available for cases filed only with ESGR. 

VETS was able to obtain the SOCS code in 98% (1,126) of the unique complaints filed in FY 

2013. That data reveals that 20% of complaints involved Protective Service occupations. Another 11% 

involved Transportation and Material Moving occupations, and 10% involved Office and Administrative 

Support occupations.

With respect to cases reviewed by VETS and ESGR likely involving the same person in FY 2013, VETS 

obtained the SOCS code in all but six of the 270 cases. That data reveals that 19% of those cases 

involved Protective Service occupations, 10% involved Production occupations, and 9% involved 

Transportation and Material Moving occupations.

With respect to cases referred to the Attorney General’s DOJ Civil Rights Division from DOL in FY 

2013, VETS obtained the SOCS code in all but one of the 83 cases. That data reveals that 21% of those 

cases involved Protective Service occupations. Another 15% involved Management occupations, and 

9% involved Installation, Maintenance, and Repair occupations.

VETS obtained the SOCS code in all seven of the cases referred to OSC from DOL through VETS and 

SOL in FY 2013. That data reveals that 43% of cases involved Business and Financial Operations, 29% 

involved Office and Administrative Support occupations, and 14% of the cases involved: Protective 

Service occupations or Healthcare Practitioners and Technical occupations.
17

Occupations Involved in FY 2013 USERRA CASES10

As designated by the Standard Occupational Classification System (SOCS)

SOCS Job Family

Percentage of Cases 

involving SOCS Code

VETS Cases Referrals to Common

to VETS 

DOJ OSC & ESGR

Protective Service 20% 21% 14% 19%

Office and Administrative Support 10% 7% 29% 7%

Transportation and Material Moving 11% 7% 0% 9%

Management 7% 15% 0% 7%

Sales and Related 7% 6% 0% 6%

Installation, Maintenance, and Repair 5% 9% 0% 7%

Production 7% 2% 0% 10%

Healthcare Practitioners and Technical 6% 5% 14% 6%

Food Preparation and Serving Related 3% 2% 0% 4%

Business and Financial Operations 4% 5% 43% 4%

Education, Training, and Library 3% 5% 0% 3%

Construction and Extraction 3% 4% 0% 4%

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

THE PROVISIONS OF THIS CHAPTER, TOGETHER WITH AN EXPLANATION THEREOF.

No patterns of violations of USERRA became apparent in FY 2013. DOL will continue to monitor 

USERRA cases to identify trends as they arise.

 10 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 (Exception: 5% of Referrals to DOJ, and 3% of Cases Common to 

VETS & ESGR); Arts, Design, Entertainment, Sports, and Media; Building and Grounds Cleaning and Maintenance; 

Community and Social Services; Computer and Mathematical; Farming, Fishing, and Forestry; Healthcare Support; Legal; 

Life, Physical, and Social Science; Military Specific; and, Personal Care and Service occupations.
18

10. RECOMMENDATION FOR ADMINISTRATIVE OR LEGISLATIVE ACTION THAT THE 

SECRETARY, THE ATTORNEY GENERAL, OR THE SPECIAL COUNSEL CONSIDERS 

NECESSARY FOR THE EFFECTIVE IMPLEMENTATION OF THIS CHAPTER, INCLUDING ANY 

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

FILED UNDER THIS CHAPTER, BETWEEN EMPLOYERS AND PERSONS SEEKING 

EMPLOYMENT OR REEMPLOYMENT.

RECOMMENDATION FROM DOJ AND DOL: Strengthen the United States’ ability to enforce USERRA, 

in the following ways: Ensure that USERRA is consistent with other civil rights laws by allowing the 

United States to bring suit in its own name as the plaintiff, to vindicate the public interest in ensuring the 

statute is enforced; to challenge identified patterns and practices that violate the law; to preserve the 

right of the aggrieved service member to intervene in such suits or to bring his or her own suit where the 

Attorney General has declined to file suit; and to allow the Attorney General the authority to compel 

production of evidence. 

DOJ and DOL urge Congress to strengthen the United States’ ability to enforce USERRA. Amending 

provisions could address several critical issues, some of which appear in the 2013 DOJ legislative 

package. First, we request amending USERRA to allow the Attorney General, acting on behalf of the 

United States, to serve as a plaintiff in all USERRA suits, rather than only in suits filed against State 

employers. Second, we request the grant of independent authority to the Attorney General to investigate 

and file suit to challenge employment policies or practices that establish a pattern or practice of violating 

USERRA. This amendment would strengthen significantly DOJ’s ability to enforce USERRA to 

address a systemic violation (such as a policy prohibiting extended absences, including absences for 

military service) that could adversely affect the employment rights of multiple service members. 

Third, to support the proposed pattern-or-practice authority, we request amending USERRA to provide 

the Attorney General with civil investigative demand authority to compel the production of existing 

documents and unsworn answers to written questions from the custodian of such documents. DOL has 

subpoena power in its investigations under USERRA. The Attorney General, however, has no pre-suit 

investigatory authority. Because the proposal for pattern-or-practice authority includes the authority to 

initiate an investigation, Congress should provide the Attorney General with the appropriate

investigative tools. 

We also recommend other changes that would allow for service members to more ably exercise their 

USERRA rights. DOJ and DOL support changes that would allow USERRA claimants to sue their own 

State in Federal or State courts.

In addition, to guarantee the availability of complete adjudication of USERRA protections, it is 

requested that the Act be amended to make arbitration clauses unenforceable unless all parties consent to 

arbitration after a dispute arises. 

DOJ and DOL look forward to working with Congress on these USERRA provisions. 
USERRA annual reports are available for fiscal years (FY) 1995-1999 and 2004-2013. 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).
Office of Veterans’ Employment and Training

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