Rep. Tulsi Gabbard, Lawmakers Re-Introduce the Justice for Servicemembers Act

Press Release

Reps. Tulsi Gabbard (HI-02), David N. Cicilline (RI-01), Joe Wilson (SC-02), Walter Jones (NC-03), Steve Russell (OK-05), and Matt Cartwright (PA-17) re-introduced the Justice for Servicemembers Act today. The bill strengthens employment protection rights for U.S. servicemembers and ensures they can sue if an employer eliminates their job because they are serving on active duty.

"Our servicemembers put their lives on the line to protect and defend our country--the last thing they should have to worry about is keeping their job when they return home. Yet thousands of servicemembers have been forced into signing away their job protections through arbitration, giving employers the ability to fire them while serving on active duty. The Justice for Servicemembers Act will reinforce the rights granted to our servicemembers under USERRA and ensure that our men and women in uniform can focus on their mission and get home safely," said Rep. Tulsi Gabbard, a Member of the Armed Services Committee and co-chair of the Congressional Post 9/11 Veterans Caucus.

Background: Under the Uniformed Services Employment Rights Act of 1994 (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 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.

Two-thirds of American companies use some kind of mandatory arbitration agreement. The Justice for Servicemembers Act will render null and void any mandatory arbitration agreement between an employer and a current or former member of the Armed Forces. The bipartisan legislation ensures that servicemembers and veterans will have the right to go to court to ensure their right to return to a civilian job is protected.

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