USERRA Retaliation

• Category: Federal - Jury Instructions - 11th Circuit - Civil
• State: Multi-State
• Control #: US-JURY-11THCIR-4-19
• Format: Word

Description Userra Fact Sheet

Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions

SERRA Retaliation is an illegal form of discrimination whereby an employer retaliates against an employee or applicant for the employee's or applicant's exercise of their SERRA rights. SERRA stands for the Uniformed Services Employment and Reemployment Rights Act, which provides employment protection for military service members. SERRA Retaliation can take many forms, including: 1) Terminating or denying employment to an individual in retaliation for exercising their rights under SERRA; 2) Taking adverse action against an employee or applicant for exercising their rights under SERRA; 3) Discriminating against an employee or applicant in terms of compensation, benefits, or other terms and conditions of employment; 4) Harassing or intimidating an employee or applicant for exercising their rights under SERRA; 5) Refusing to hire, promote, or reemploy a person in retaliation for exercising their rights under SERRA. SERRA Retaliation is a serious form of discrimination and is prohibited by the SERRA. Individuals who have been retaliated against for exercising their SERRA rights are entitled to file a claim with the Department of Labor (DOL) to seek redress.