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USERRA Military Leave: Employer Compliance Challenges, Policy Development, Litigation Update, Defense Strategies

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Wednesday, February 26, 2025

1:00pm-2:30pm EST, 10:00am-11:30am PST

or call 1-800-926-7926

This CLE webinar will provide an in-depth look at the Uniform Services Employment and Reemployment Rights Act (USERRA) and its expansive employer obligations. The panel will discuss how USERRA differs from other employment anti-discrimination statutes in significant ways and the challenges this creates for employers. The panel will also offer best practices for compliance and litigation strategies when faced with a claim.

Description

USERRA, covering virtually all public and private employers, prohibits employment discrimination and retaliation based on military status or obligations and has broad reemployment rights. It is more far-reaching than other employment anti-discrimination laws in several respects. For instance, USERRA defines "disability" more broadly than the ADA and imposes greater accommodation duties. USERRA also does not have an administrative exhaustion requirement, enabling claims to move more quickly, and no statute of limitations, allowing plaintiffs to initiate lawsuits years after the alleged discrimination.

While USERRA litigation may not be as common as claims under other anti-discrimination statutes, notable litigation in recent years has created additional employer challenges (e.g., whether employers must provide short-term paid military leave as they do non-military leave). Additionally, claims have resulted in significant awards. For example, in September 2023, a Texas jury awarded plaintiff U.S. Army veteran Le Roy Torres $2.49 million in damages on the claim that his former employer failed to accommodate his service-related disabilities.

Counsel should understand USERRA and be up to date on recent litigation and possible defenses to assist clients with navigating the statute's expansive obligations and responding to USERRA claims.

Listen as our expert panel provides a comprehensive overview of USERRA and a litigation update. The panel will discuss employer pitfalls, review policy development, and offer best practices for assisting clients with compliance.

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Outline

  1. Introduction: USERRA overview
    1. Covered entities
    2. Eligible employees
    3. Employer obligations
  2. USERRA protections compared to other employment anti-discrimination laws
    1. Title VII
    2. FMLA
    3. ADA
  3. Employer compliance challenges, common mistakes, penalties
  4. Policy development and risk mitigation
  5. Litigation strategies, employer defenses
    1. Porter v. Trans State Holdings Inc. (D. Colo. 2024)
  6. Practitioner takeaways

Benefits

The panel will review these and other important considerations:

  • In what ways is USERRA more far-reaching than other employment anti-discrimination laws such as Title VII and the ADA?
  • What significant USERRA litigation in recent years has clarified employer obligations and expanded employee protections?
  • What are employer defenses to USERRA claims?
  • What are best practices for assisting employer clients with USERRA compliance and mitigating risk of claims?

Faculty

Augustine Carter, Adam
Adam Augustine Carter

Principal
The Employment Law Group

Mr. Carter helps executives reach favorable agreements with their companies at pivotal career moments such as hiring,...  |  Read More

Glenos, Amy
Amy Quick Glenos

Shareholder
Ogletree Deakins

Ms. Glenos’ practice is devoted to representing management in all phases of employment-related disputes and...  |  Read More

Bradford, Kelley
Bradford J. Kelley

Shareholder
Littler Mendelson

Mr. Kelley has a broad practice representing employers in employment anti-discrimination and wage and hour matters. He...  |  Read More

Attend on February 26

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You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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