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§1316 Rights and Protections Relating to Veterans’ Employment and Reemployment

Title 2 › CHAPTER 24 — CONGRESSIONAL ACCOUNTABILITY › SUBCHAPTER II — EXTENSION OF RIGHTS AND PROTECTIONS › Part A — Employment Discrimination, Family and Medical Leave, Fair Labor Standards, Employee Polygraph Protection, Worker Adjustment and Retraining, Employment and Reemployment of Veterans, and Intimidation › § 1316

Last updated Sep 22, 2026|Official source

Summary

It is illegal for an employing office to treat a uniformed service member who is an eligible employee unfairly. Employers must not discriminate, refuse to give reemployment rights, or deny benefits as those terms are defined in title 38 (see 38 U.S.C. 4311, 4312, 4313, and 4316–4318). An "eligible employee" is a covered worker doing uniformed service under 38 U.S.C. 4303(13) whose service did not end for the reasons listed in 38 U.S.C. 4304. "Covered employee" and "employing office" include the Government Accountability Office. If the rule is broken, the remedy is the same one available under 38 U.S.C. 4323(d). The Board must make rules under section 1384. Those rules should follow the Secretary of Labor’s rules unless the Board shows good cause and explains any change. Subsections (a) and (b) start one year after January 23, 1995. For the Government Accountability Office and the Library of Congress, they start one year after transmission to the Congress of the study under section 1371 of this title.

Title 2, §1316

The Congress, Source: USLM XML via OLRC

(a)Employment and reemployment rights of members of uniformed services

(1)In general

It shall be unlawful for an employing office to—

(A)discriminate, within the meaning of subsections (a) and (b) of section 4311 of title 38, against an eligible employee;

(B)deny to an eligible employee reemployment rights within the meaning of section 4312 and 4313 of title 38; or

(C)deny to an eligible employee benefits within the meaning of section 4316, 4317, and 4318 of title 38.

(2)Definitions

For purposes of this section

(A)

(B)the term “covered employee” includes employees of the Government Accountability Office, and

(C)the term “employing office” includes the Government Accountability Office.

(b)Remedy

The remedy for a violation of subsection (a) shall be such remedy as would be appropriate if awarded under section 4323(d) of title 38.

(c)Regulations to implement section (d) Effective date

(1)In general

The Board shall, pursuant to section 1384 of this title, issue regulations to implement this section.

(2)Agency regulations

The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsection (a) except to the extent that the Board may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Subsec. (a)(2)(B), (C). Pub. L. 115–141 struck out “and the Library of Congress” after “the Government Accountability Office”. 2010—Subsec. (b). Pub. L. 111–275 substituted “under section 4323(d) of title 38” for “under paragraphs (1), (2)(A), and (3) of section 4323(c) of title 38”. 2004—Subsec. (a)(2)(B), (C). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”. Subsec. (d)(2). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in heading and text.