U.S. Office of Special Counsel's Role in Enforcing Law to Protect Reemployment Rights of Veterans and Reservists in Federal Employment
Abstract
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, you 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 OSCs performance in processing cases filed with the agency, including those filed under USERRA. This report responds to your request to provide 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.
Document Details
- Document Type
- Technical Report
- Publication Date
- Oct 06, 2004
- Accession Number
- AD1174456
Entities
People
- Belva Martin
- George H. Stalcup
- Karin Fangman
- Michael J Rose
- Sharon Hogan
Organizations
- United States Government Accountability Office