I 
115TH CONGRESS 
2D SESSION 
H. R. 7238 
To prohibit discrimination on the basis of military service, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 10, 2018 
Mr. KILMER (for himself, Mr. CARTWRIGHT, Ms. NORTON, Ms. CLARK of 
Massachusetts, Mr. BERA, and Mr. LAMALFA) introduced the following 
bill; which was referred to the Committee on Education and the Work-
force, and in addition to the Committee on the Judiciary, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To prohibit discrimination on the basis of military service, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Veterans and 
Servicemembers Employment Rights and Housing Act of 
2018’’. 
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SEC. 2. DISCRIMINATION ON THE BASIS OF MILITARY 
SERVICE. 
(a) DEFINITIONS.—In this section: 
(1) CIVIL
RIGHTS
DEFINITIONS.—The terms 
‘‘complaining party’’, ‘‘demonstrates’’, ‘‘employee’’, 
‘‘employer’’, ‘‘employment agency’’, ‘‘labor organiza-
tion’’, ‘‘person’’, ‘‘respondent’’, and ‘‘State’’ have the 
meanings given the terms in section 701 of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e). 
(2) MEMBER OF THE UNIFORMED SERVICES.— 
The term ‘‘member of the uniformed services’’ 
means an individual who— 
(A) is a member of— 
(i) the uniformed services (as defined 
in section 101 of title 10, United States 
Code); or 
(ii) the National Guard in State sta-
tus under title 32, United States Code; or 
(B) was discharged or released from serv-
ice in the uniformed services (as so defined) or 
the National Guard in such status under condi-
tions other than dishonorable. 
(3) MILITARY
SERVICE.—The term ‘‘military 
service’’ means status as a member of the uniformed 
services. 
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(b) EMPLOYER PRACTICES.—It shall be an unlawful 
employment practice for an employer— 
(1) to fail or refuse to hire or to discharge any 
individual, or otherwise to discriminate against any 
individual with respect to the individual’s compensa-
tion, terms, conditions, or privileges of employment, 
because of such individual’s military service; or 
(2) to limit, segregate, or classify the employ-
er’s employees or applicants for employment in any 
way which would deprive or tend to deprive any indi-
vidual of employment opportunities or otherwise ad-
versely affect the individual’s status as an employee, 
because of such individual’s military service. 
(c) EMPLOYMENT AGENCY PRACTICES.—It shall be 
an unlawful employment practice for an employment agen-
cy to fail or refuse to refer for employment, or otherwise 
discriminate against, any individual because of the individ-
ual’s military service, or to classify or refer for employ-
ment any individual on the basis of the individual’s mili-
tary service. 
(d) LABOR ORGANIZATION PRACTICES.—It shall be 
an unlawful employment practice for a labor organiza-
tion— 
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(1) to exclude or to expel from its membership, 
or otherwise to discriminate against, any individual 
because of the individual’s military service; 
(2) to limit, segregate, or classify its member-
ship or applicants for membership, or to classify or 
fail or refuse to refer for employment any individual, 
in any way which would deprive or tend to deprive 
any individual of employment opportunities, or 
would limit such employment opportunities or other-
wise adversely affect the individual’s status as an 
employee or as an applicant for employment, be-
cause of such individual’s military service; or 
(3) to cause or attempt to cause an employer to 
discriminate against an individual in violation of this 
section. 
(e) TRAINING PROGRAMS.—It shall be an unlawful 
employment practice for any employer, labor organization, 
or joint labor-management committee controlling appren-
ticeship or other training or retraining, including on-the- 
job training programs, to discriminate against any indi-
vidual because of the individual’s military service in admis-
sion to, or employment in, any program established to pro-
vide apprenticeship or other training. 
(f) BUSINESSES OR ENTERPRISES WITH PERSONNEL 
QUALIFIED ON BASIS OF MILITARY SERVICE.—Notwith-
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standing any other provision of this section, it shall not 
be an unlawful employment practice for an employer to 
hire and employ employees, for an employment agency to 
classify, or refer for employment any individual, for a 
labor organization to classify its membership or to classify 
or refer for employment any individual, or for an em-
ployer, labor organization, or joint labor-management 
committee controlling apprenticeship or other training or 
retraining programs to admit or employ any individual in 
any such program, on the basis of the individual’s military 
service in those certain instances where military service 
is a bona fide occupational qualification reasonably nec-
essary to the normal operation of that particular business 
or enterprise. 
(g) NATIONAL
SECURITY.—Notwithstanding any 
other provision of this section, it shall not be an unlawful 
employment practice for an employer to fail or refuse to 
hire and employ any individual for any position, for an 
employer to discharge any individual from any position, 
or for an employment agency to fail or refuse to refer any 
individual for employment in any position, or for a labor 
organization to fail or refuse to refer any individual for 
employment in any position, if— 
(1) the occupancy of such position, or access to 
the premises in or upon which any part of the duties 
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of such position is performed or is to be performed, 
is subject to any requirement imposed in the interest 
of the national security of the United States under 
any security program in effect pursuant to or ad-
ministered under any statute of the United States or 
any Executive order of the President; and 
(2) such individual has not fulfilled or has 
ceased to fulfill that requirement. 
(h) SENIORITY OR MERIT SYSTEM; QUANTITY OR 
QUALITY
OF PRODUCTION; ABILITY TESTS.—Notwith-
standing any other provision of this section, it shall not 
be an unlawful employment practice for an employer to 
apply different standards of compensation, or different 
terms, conditions, or privileges of employment pursuant 
to a bona fide seniority or merit system, or a system which 
measures earnings by quantity or quality of production or 
to employees who work in different locations, provided 
that such differences are not the result of an intention 
to discriminate because of military service, nor shall it be 
an unlawful employment practice for an employer to give 
and to act upon the results of any professionally developed 
ability test provided that such test, its administration, or 
action upon the results is not designed, intended, or used 
to discriminate because of military service. 
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