3.0.0 3445 2023-01-11T13:33:30Z 2023-01-11T13:33:30Z Senate S 2016-09-28 114 ssva00 Veterans' Affairs Committee Senate Standing Referred to 2016-09-28T22:12:20Z 2016-09-28 ssva00 Veterans' Affairs Committee Senate Read twice and referred to the Committee on Veterans' Affairs. IntroReferral 2016-09-28 Introduced in Senate IntroReferral 10000 9 Library of Congress B001277 Sen. Blumenthal, Richard [D-CT] Richard Blumenthal D CT N M001111 Sen. Murray, Patty [D-WA] Patty Murray D WA 2016-09-28 True D000563 Sen. Durbin, Richard J. [D-IL] Richard Durbin D IL J. 2016-09-28 True B001230 Sen. Baldwin, Tammy [D-WI] Tammy Baldwin D WI 2016-09-28 True Armed Forces and National Security Civil actions and liability Disability and paralysis Employment discrimination and employee rights Evidence and witnesses Government liability Government studies and investigations Jurisdiction and venue Military personnel and dependents Veterans' education, employment, rehabilitation Armed Forces and National Security 00 2016-09-28 Introduced in Senate 2017-05-16T21:21:14Z Uniformed Services Employment and Reemployment Rights Improvement Act of 2016

This bill revises the enforcement of employment and reemployment rights of members of the Armed Forces with respect to state and private employers.

The Department of Justice (DOJ) may initiate an action for relief: (1) with respect to a private or a state employer, and (2) when a state or private employer is engaged in a pattern or practice to infringe upon such rights.

A person may bring an action against a state (as an employer), state instrumentality, or state officer or employee acting in his or her official capacity in U.S. district court or state court. The state, instrumentality, officer, or employee shall not be immune from such action under the Eleventh Amendment of the Constitution or under any doctrine of sovereign immunity. No such state, instrumentality, officer, or employee that receives or uses federal financial assistance for a program or activity shall be immune under the Eleventh Amendment or under any other doctrine of sovereign immunity from suit in federal or state court for any violation of such rights related to such program or activity. (Currently, a person may bring such an action against a state only in a state court.)

The venue for an action against a private employer is expanded to include: (1) any district in which a substantial part of the events or omissions giving rise to the claim occurred; or (2) any district in which the employer is subject to the court's personal jurisdiction with respect to such action if there is no district in which an action may otherwise be brought.

DOJ may issue civil investigative demands.

Service-related disability coverage is extended to include a disability that is brought to the employer's attention within five years after the person resumes employment.

The bill provides that the employer has the burden of identifying the appropriate reemployment positions.

]]> Uniformed Services Employment and Reemployment Rights Improvement Act of 2016 Display Title Uniformed Services Employment and Reemployment Rights Improvement Act of 2016 Official Title as Introduced A bill to amend title 38, United States Code, to improve the enforcement of employment and reemployment rights of members of the uniformed services with respect to States and private employers, and for other purposes. Introduced in Senate IS Short Titles as Introduced Uniformed Services Employment and Reemployment Rights Improvement Act of 2016 Introduced in Senate 2016-09-28T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-114s3445is/xml/BILLS-114s3445is.xml 2016-09-28 Read twice and referred to the Committee on Veterans' Affairs. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.