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Articles Posted in Military Law

Understanding USERRA

USERRAThe Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is a federal law designed to protect the civilian employment of active, reserve, and national guard military personnel in the United States called to active duty.1 The three major purposes of USERRA are protection against discrimination, minimize disruption by providing for prompt reemployment, and protection of one’s pre-deployment job.2 The law clarifies that it is illegal for employers to discriminate against employees because of past, present, or future military service

Enforcement

Military LawThe Uniform Code of Military Justice (UCMJ) is located in Chapter 37 of the United States Code.¹It is Federal law that applies to the U.S. Military. The UCMJ “defines the military justice system and lists criminal offenses under military law.”² On January 1, 2019, major changes to the Uniform Code of Military Justice took effect.³ According to the United States Army these changes include: “modernizing definitions for many offenses, adjusting maximum penalties, standardizing court-martial panels, creating new computer-crime laws, and much more.”4 A recent Military Times headline describes these changes as “the biggest update to UCMJ in decades”.5

Significant criminal offense changes include:

  • Replacing the offense of adultery with “extra-marital sexual conduct.” The offense was also broadened to include all types of sexual acts.
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