HB115 Alabama 2020 Session

Updated Feb 12, 2020

Summary

Primary Sponsor: Prince ChestnutRepresentative
Democrat
Session: Regular Session 2020
Title: Military leave of absence, private right of action against violators, created, prohibit discrimination against members of the uniformed services for exercising his or her rights, Sec. 31-12-2 am'd.
Description: Under existing law, in time of war, armed conflict, or emergency proclaimed by the Governor or by the President of the United States, the provisions of the federal Uniformed Services Employment and Reemployment Rights Act (USERRA) apply to any active member of the Alabama National Guard, or a member of the national guard of another state who is employed in the State of Alabama and called or ordered to state active duty or federally funded duty for other than training.
Under USERRA, a person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in the uniformed services may not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, performance of service, or obligation.
This bill would extend application of USERRA to active members of other uniformed services.
This bill would make it a violation of state law to deny a person, who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in the uniformed services, initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, performance of service, or obligation or to discriminate against any member of the uniformed services for exercising those rights and would create a state cause of action against persons who violate those provisions.
Subjects: Military