
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC4311]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
    CHAPTER 43--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE 
                           UNIFORMED SERVICES
 
   SUBCHAPTER II--EMPLOYMENT AND REEMPLOYMENT RIGHTS AND LIMITATIONS; 
                              PROHIBITIONS
 
Sec. 4311. Discrimination against persons who serve in the 
        uniformed services and acts of reprisal prohibited
        
    (a) 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 a uniformed service shall not be denied initial 
employment, reemployment, retention in employment, promotion, or any 
benefit of employment by an employer on the basis of that membership, 
application for membership, performance of service, application for 
service, or obligation.
    (b) An employer may not discriminate in employment against or take 
any adverse employment action against any person because such person (1) 
has taken an action to enforce a protection afforded any person under 
this chapter, (2) has testified or otherwise made a statement in or in 
connection with any proceeding under this chapter, (3) has assisted or 
otherwise participated in an investigation under this chapter, or (4) 
has exercised a right provided for in this chapter. The prohibition in 
this subsection shall apply with respect to a person regardless of 
whether that person has performed service in the uniformed services.
    (c) An employer shall be considered to have engaged in actions 
prohibited--
        (1) under subsection (a), if the person's membership, 
    application for membership, service, application for service, or 
    obligation for service in the uniformed services is a motivating 
    factor in the employer's action, unless the employer can prove that 
    the action would have been taken in the absence of such membership, 
    application for membership, service, application for service, or 
    obligation for service; or
        (2) under subsection (b), if the person's (A) action to enforce 
    a protection afforded any person under this chapter, (B) testimony 
    or making of a statement in or in connection with any proceeding 
    under this chapter, (C) assistance or other participation in an 
    investigation under this chapter, or (D) exercise of a right 
    provided for in this chapter, is a motivating factor in the 
    employer's action, unless the employer can prove that the action 
    would have been taken in the absence of such person's enforcement 
    action, testimony, statement, assistance, participation, or exercise 
    of a right.

    (d) The prohibitions in subsections (a) and (b) shall apply to any 
position of employment, including a position that is described in 
section 4312(d)(1)(C) of this title.

(Added Pub. L. 103-353, Sec. 2(a), Oct. 13, 1994, 108 Stat. 3153; 
amended Pub. L. 104-275, title III, Sec. 311(3), Oct. 9, 1996, 110 Stat. 
3334.)


                            Prior Provisions

    A prior section 4311 was renumbered section 7611 of this title.


                               Amendments

    1996--Subsec. (b). Pub. L. 104-275 added subsec. (b) and struck out 
former subsec. (b) which read as follows: ``An employer shall be 
considered to have denied a person initial employment, reemployment, 
retention in employment, promotion, or a benefit of employment in 
violation of this section if the person's membership, application for 
membership, service, application for service, or obligation for service 
in the uniformed services is a motivating factor in the employer's 
action, unless the employer can prove that the action would have been 
taken in the absence of such membership, application for membership, 
performance of service, application for service, or obligation.''
    Subsecs. (c), (d). Pub. L. 104-275 added subsecs. (c) and (d) and 
struck out former subsec. (c) which read as follows:
    ``(c)(1) An employer may not discriminate in employment against or 
take any adverse employment action against any person because such 
person has taken an action to enforce a protection afforded any person 
under this chapter, has testified or otherwise made a statement in or in 
connection with any proceeding under this chapter, has assisted or 
otherwise participated in an investigation under this chapter, or has 
exercised a right provided for in this chapter.
    ``(2) The prohibition in paragraph (1) shall apply with respect to a 
person regardless of whether that person has performed service in the 
uniformed services and shall apply to any position of employment, 
including a position that is described in section 4312(d)(1)(C).''


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-275 effective Oct. 13, 1994, see section 
313 of Pub. L. 104-275, set out as a note under section 4301 of this 
title.


                             Effective Date

    Section effective Oct. 13, 1994, except as otherwise provided, see 
section 8 of Pub. L. 103-353, set out as a note under section 4301 of 
this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 4303, 4319 of this title; 
title 2 section 1316; title 3 section 416.
