Employer Obligations to Military Personnel Under USERRA and the ADA

Complying With Reinstatement and Reemployment Requirements and Avoiding Discrimination Claims

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, April 11, 2012

Recorded event now available

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Program Materials

This CLE webinar will provide employers' counsel with a review of the legal obligations employers owe returning and disabled U.S. military personnel. The panel will focus on requirements under the USERRA, ADA, FMLA and the recently passed VOW to Hire Heroes Act of 2011.

Description

Several thousand U.S. military personnel recently returned or will soon return from tours of duty in Iraq and Afghanistan. U.S. employers, both public and private, are required by law to reinstate or reemploy eligible veterans under the Uniformed Services Employment and Reemployment Rights Act (USERRA).

In addition, disabled veterans employed by civilian employers are entitled to an accommodation under USERRA and the Americans with Disabilities Act (ADA). Congress also expanded the Family Medical Leave Act (FMLA) to allow time off for employees to care for family members injured during military assignments.

Further, Congress passed the VOW to Hire Heroes Act of 2011 last November, which expanded a veteran's ability to file hostile work environment claims based on veteran status. Until now, the availability of such a claim was unclear.

Listen as our authoritative panel of employment law attorneys discusses the current legal landscape regarding the employment rights of military personnel, employers' obligations to veterans and their families under federal and state law, and best practices to ensure compliance and avoid claims.

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Outline

  1. Recent legal developments regarding veterans' employment rights
    1. VOW to Hire Heroes Act of 2011
    2. Amendment to USERRA
    3. Proposed amendments to USERRA
  2. Duties employers owe military personnel and their families
    1. USERRA obligations
    2. ADA obligations
    3. FMLA obligations
  3. Best practices to comply with federal and state law and defend claims

Benefits

The panel will review these and other key questions:

  • What actions has the U.S. government recently taken to expand workplace protections extended to U.S. military personnel?
  • What are an employer's obligations under the USERRA, ADA and FMLA to veterans and their families?
  • What steps should counsel to employers take to ensure compliance with federal and state laws and defend discrimination or hostile work environment claims?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Mark J. Girouard
Mark J. Girouard

Shareholder
Nilan Johnson Lewis

He defends employers in single plaintiff cases, private class actions and litigation against the EEOC and other...  |  Read More

Steven L. Herrick
Steven L. Herrick

Director of Legal Services
Tully Rinckey

With some 30 years of experience in all facets of litigation, he provides representation to clients across a broad...  |  Read More

Conrad Shawn Kee
Conrad Shawn Kee

Partner
Jackson Lewis

He is one of the most experienced management side lawyers handling claims under the Uniformed Services Employment and...  |  Read More

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