Cicilline, Blumenthal, Conyers File Amicus Brief, Introduce Bill to Protect Jobs for Servicemembers

Press Release

U.S. Congressman David N. Cicilline (D-RI), Ranking Member of the House Judiciary's Subcommittee on Regulatory Reform, Commercial and Antitrust Law, U.S. Senator Richard Blumenthal (D-CT), and U.S. Congressman John Conyers (D-MI), Ranking Member of the House Judiciary Committee, today filed an amicus brief in support of Lieutenant Kevin Ziober, a Navy reservist who lost his job when he was deployed to Afghanistan in 2012. Cicilline and Conyers also reintroduced the Justice for Servicemembers Act, legislation that ensures America's men and women in uniform cannot lose access to justice if they lose their jobs for being deployed overseas.

"No one who is brave enough to wear the uniform of the Armed Forces should ever lose their job when they are called to serve overseas. It is sickening that this could happen to a single veteran. It's time for Congress to fix this broken system that deprives our nation's servicemembers' basic legal rights," said Congressman Cicilline. "I'm proud to be introducing the Justice for Servicemembers Act with bipartisan support in the U.S. House today. Our veterans deserve our full support, and nothing less."

"After fighting for our freedom overseas, no service member or veteran should have to fight for their job when they come home," Blumenthal said. "And they certainly shouldn't be denied their right to their day in court if their federal rights are violated. I urge the Court to consider this case, so that our nation's service members and veterans are able to exercise fundamental right to seek remedies for being unjustly fired or exploited through the court system."

The day before his deployment, Lieutenant Kevin Ziober's employer, BLB Resources, Inc., a federal contractor, wrongfully terminated Ziober and later prevented Ziober from enforcing his rights under the Uniformed Services Employment Rights Act of 1994 (USERRA), by invoking an arbitration agreement that Ziober was forced to sign as a condition of employment. The 9th Circuit Court of Appeals upheld the used of forced arbitration clauses even where they circumvent servicemembers' legal rights, and Ziober is currently petitioning the U.S. Supreme Court for a writ of certiorari.

"I applaud the Members of the House of Representatives for introducing this vitally important legislation to restore the longstanding reemployment rights of veterans who have honorably served in the Armed Forces. I am hopeful that bipartisan leaders in Congress will come together to pass legislation this year that will clarify USERRA's language and help strengthen the rights that Congress originally intended for Servicemembers," said Lieutenant Ziober. "Until Congress stops employers from taking away the rights of our country's honorable servicemembers, those serving in the Guard and Reserve will always be under a cloud of uncertainty wondering if their civilian jobs will be waiting for them when they return home from service. That doubt affects military readiness and undercuts our national security."

Under USERRA, veterans and servicemembers are protected from discrimination based on their military service and given the right to return to their civilian jobs once their service ends. In recent years, however, Federal courts have allowed employers to require servicemembers and veterans to sign mandatory arbitration agreements that prohibit them from going to court to resolve an employment dispute. Under mandatory arbitration agreements, companies can choose the arbiter and venue for a hearing while denying an employee any right to appeal.

"For too long, companies have used secret arbitration to opt out of federal laws passed to protect workers, consumers, and even members of our military," said Amanda Werner, arbitration campaign manager with Americans for Financial Reform and Public Citizen. "This bipartisan legislation ensures that servicemembers can enforce the very rights they fight to defend."

Two-thirds of American companies use some kind of forced arbitration agreement. The Justice for Servicemembers Act will render null and void any forced arbitration agreement between an employer and a current or former member of the Armed Forces, consistent with the congressional intent behind USERRA. The bipartisan legislation ensures that servicemembers and veterans will be able to go to court to enforce their right to return to a civilian job, rather than being forced into mandatory arbitration. It will strengthen and preserve existing protections and promote greater access to justice for those who have honorably served our country.

"U.S. servicemembers and veterans who fight vigorously for us on the battlefield should have confidence in their legal rights at home," added Christine Hines, legislative director of the National Association of Consumer Advocates. "We applaud the introduction of the Justice for Servicemembers Act, which will ensure that military members can go to court to enforce a critical law that protects them if they are discriminated against in their civilian jobs."

"The National Employment Lawyers Association (NELA) commends Congressman Cicilline on the introduction of the Justice for Servicemembers and Veterans Act," said Terisa E. Chaw, Executive Director of the National Employment Lawyers Association. "This critically important bill would restore the rights of servicemembers and veterans under the Uniformed Services Employment and Reemployment Rights Act (USERRA). Since the 1950s, federal law has provided that servicemembers and veterans cannot waive their right to enforce their employment and reemployment rights. With this amendment Congress will restore longstanding protections that have been undermined by recent court decisions. Given the Armed Forces' heavy reliance on Guard and Reserve members to staff our military's operations, it is essential for servicemembers and veterans to be assured that they can serve in the military and return to their jobs, and that any USERRA violation can be enforced in a court of law."

The Justice for Servicemembers Act is co-sponsored by U.S. Representatives John Conyers, Jr. (D-MI), Joe Wilson (R-SC), Walter Jones (R-NC), Timothy J. Walz (D-MN), Ruben Gaellego (D-AZ), Henry C. "Hank" Johnson, Jr. (D-GA), Matt Cartwright (D-PA), Tulsi Gabbard (D-HI), and Jackie Walorski (R-IN). U.S. Senator Richard Blumenthal (D-CT) has introduced a companion measure in the U.S. Senate.

Source