United States Government Publishing Office publisher pbl distributor dst United States Government Accountability Office author aut Government Organization text government publication eng GAOREPORTS Legislative Agency Publications gao legislative 2010-08-12 U.S. Government Printing Office 2004-10-06 monographic deposited born digital 14 p. GA 1.13:GAO-05-74R https://www.govinfo.gov/app/details/GAOREPORTS-GAO-05-74R P0b002ee1803782d3 f:d0574r DGPO 2010-08-12 2011-03-28 GAOREPORTS-GAO-05-74R machine generated eng fdlp REPORT GAOREPORTS-GAO-05-74R GAO-05-74R Agency proceedings Claims processing Employment discrimination Federal employees Federal personnel law Interagency relations Investigations by federal agencies Lawyers Legal rights Military reserve personnel Personnel management Special counsels Corrective action Correspondence A12974

The U.S. Office of Special Counsel (OSC) enforces the rights of federal employees and applicants for federal employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994. USERRA provides for the employment and reemployment rights of federal and nonfederal employees who leave their employment to perform military service. USERRA also prohibits discrimination against persons because of their military service. In light of the significant number of National Guard members and reservists serving in the war in Iraq and in other conflicts who will be demobilized and returning to the federal workforce in the coming months, the Ranking Minority Member, Senate Committee on Health, Education, Labor, and Pensions, asked us to review issues surrounding enforcement of the act in the federal sector, particularly by OSC. Under USERRA, a federal employee or applicant who believes that his or her USERRA rights have been violated may file a claim with the Department of Labor's (DOL) Veterans' Employment and Training Service (VETS), which investigates and attempts to resolve the claim. If VETS cannot resolve the claim, the individual may request that it be referred to OSC. In addition to handling USERRA claims, OSC handles claims of prohibited personnel practices by federal agencies. In a March 2004 report, we discussed OSC's performance in processing cases filed with the agency, including those filed under USERRA. This report provides information on (1) how OSC carries out its responsibilities under USERRA, (2) the average number of days OSC took to process USERRA claims from fiscal years 1999 through 2003, (3) changes OSC has made to handle current USERRA claims and any increase in claims, and (4) changes OSC believes are necessary to make the handling of USERRA claims in the federal sector more efficient and effective. https://www.govinfo.gov/content/pkg/GAOREPORTS-GAO-05-74R/html/GAOREPORTS-GAO-05-74R.htm https://www.govinfo.gov/content/pkg/GAOREPORTS-GAO-05-74R/pdf/GAOREPORTS-GAO-05-74R.pdf GAO-05-74R https://www.govinfo.gov/app/details/GAOREPORTS-GAO-05-74R Correspondence GAO-05-74R; U.S. Office of Special Counsel's Role in Enforcing Law to Protect Reemployment Rights of Veterans and Reservists in Federal Employment; Agency proceedings Claims processing Employment discrimination Federal employees Federal personnel law Interagency relations Investigations by federal agencies Lawyers Legal rights Military reserve personnel Personnel management Special counsels Corrective action Title 5 Section 1215 Title 5 Section 1216 5 U.S.C. 1215 5 U.S.C. 1216 Title 38 Section 4301-4333 38 U.S.C. 4301-4333 Volume 108 Page 3149 108 Stat. 3149