DOJ Sues Private Employer Over USERRA Violation in Rare Move
Federal contractors and military-friendly employers must audit reemployment and anti-discrimination policies after DOJ's first private-sector USERRA suit in years.
The Department of Justice filed suit against UV Memory Care, an assisted-living facility, alleging violations of the Uniformed Services Employment and Reemployment Rights Act (USERRA), which protects service members from discrimination and guarantees reemployment rights. The case is notable because DOJ USERRA actions against private employers are uncommon; most USERRA claims proceed as private litigation. The complaint reportedly relies heavily on the employer's own internal communications to establish discriminatory intent, underscoring how written policies, emails, and HR notes can become damaging evidence. For in-house counsel, the takeaway is concrete: review USERRA compliance programs, train managers on protected military status, audit reemployment timelines, and counsel HR teams to document accommodation and reinstatement decisions carefully. Federal contractors should reassess affirmative-action obligations under the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) in parallel.