[Congressional Record Volume 158, Number 75 (Wednesday, May 23, 2012)]
[Senate]
[Pages S3518-S3519]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CASEY (for himself and Mr. Wyden):
  S. 3233. A bill to amend title 38, United States Code, to improve the 
enforcement of employment and reemployment rights of members of the 
uniformed services, and for other purposes; to the Committee on 
Veterans' Affairs.


              Servicemembers Access to Justice Act of 2012

  Mr. CASEY. Mr. President, the brave men and women serving our country 
in the military, the National Guard and the Reserves have sacrificed 
time away from their families, jobs and lives throughout Operation 
Enduring Freedom and Operation Iraqi Freedom. Even upon their safe 
return, many of these men and women suffer physical, personal, and 
financial effects from their deployment and time in combat. This is 
compounded when our servicemembers return home from their deployment or 
service to find that their employers will not promptly reinstate them 
in their civilian jobs, as required by the Uniformed Services 
Employment and Reemployment Rights Act of 1994, USERRA. Although USERRA 
should protect servicemembers against this type of discrimination, the 
process for filing a complaint can be unwieldy and expensive. No single 
Federal agency has oversight over this process, and investigations can 
drag on for months, including while servicemembers are deployed 
overseas. Our military personnel and their families should not be 
burdened by this additional stress and financial strain.
  Pennsylvania has the nation's largest Army National Guard and fourth-
largest Air National Guard. We owe it to these brave men and women to 
renew America's social commitment to the National Guard and Reserve, 
and to update National Guard and Reserve programs and benefits to 
reflect the operation tempo of their service. This is why I am today 
reintroducing the Servicemembers Access to Justice Act, which would 
eliminate loopholes and strengthen protections in the current law. 
Furthermore, this bill would bring a newfound clarity and understanding 
of the law for courts and employers.

[[Page S3519]]

  The Servicemembers Access to Justice Act makes it easier for our 
servicemembers to fight for their USERRA rights in court if their 
employer requires them to relinquish them in order to be hired for or 
keep their job. This legislation would mandate studies of current 
employer education programs and solicit recommendations for ways in 
which government agencies could cooperate to enhance employer 
education. Additionally, the Servicemembers Access to Justice Act would 
enhance the remedies available to servicemembers who prove their rights 
under USERRA were violated, by adding increased penalties for willful 
violations.
  We owe it to our servicemembers to ensure the fair enforcement of 
their employment rights. These men and women deserve our gratitude, and 
I am committed to supporting them during and after their service. 
Please join me in supporting this legislation.

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