Heightened military engagement: Unpacking employers’ USERRA responsibilities

The recent U.S. military engagement in the Middle East, as well as significant domestic deployments in multiple large cities in 2025 and 2026, underscores the increasing reliance on National Guard and reserve forces. Recruitment trends indicate an expanded operational role, with nearly 50,000 National Guard enlistees added in 2025. At this time, understanding employers’ compliance obligations under the Uniformed Services Employment and Reemployment Rights Act (USERRA) is more important than ever.

Strict prohibition on discrimination, retaliation

USERRA guarantees military service members’ rights to take a leave of absence from their civilian jobs for active military service and to return to their jobs with accrued seniority and other employment protections.

USERRA prohibits discrimination or retaliation based on:

·     Past military service,

·     Current military obligations,

·     Potential or future service, or

·     Filing a USERRA complaint or exercising a USERRA right.