HB115 Alabama 2020 Session

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.

Summary

HB 115 would extend USERRA protections to active members of additional uniformed services in Alabama and create a private right of action against violators for employment discrimination.

What This Bill Does

It extends federal protections to active members of other uniformed services beyond those already covered, prohibiting employers from denying employment or other benefits because of military membership or service. It also creates a Alabama state private cause of action for violations, allowing individuals to sue employers who discriminate or retaliate for exercising these rights. The act outlines reemployment rights and procedures after military service and provides court remedies, including potential back pay, damages, and attorney fees.

Who It Affects

• Active and former members of the uniformed services employed in Alabama (including Alabama National Guard, Naval Militia, Alabama State Guard, Civil Air Patrol, National Disaster Medical System, and other reserve components) who would be protected from employment discrimination or denial of benefits.
• Employers in Alabama, who would be prohibited from discriminating or denying employment based on military service and could face private lawsuits and damages for violations.

Key Provisions

• Provision 1: Amends Section 31-12-2 to apply USERRA to active members of all uniformed services and prohibit denial of initial employment, reemployment, promotion, and other employment benefits on the basis of membership or service, creating a private state cause of action for violations.
• Provision 2: Establishes reemployment rights and procedures (notice requirements, timelines for returning to work or applying for reemployment based on length of service) and sets court remedies (back pay, liquidated damages for willful violations, attorney fees) with an enforcement framework.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Military