Reservist Access to Justice Act of 2007 - Allows a court, if it determines that a federal, state, or private employer's failure to comply with a veteran's reemployment rights was willful, to require the employer to pay the individual the greater of any loss of wages or benefits, or $20,000. Requires (current law authorizes) a court to exercise injunctive relief to fully vindicate such rights.
Authorizes a court to require a state or private employer to pay punitive damages for violations found to be with malice or reckless indifference to the individual's federally-protected reemployment rights.
Makes federal arbitration procedures inapplicable to claims for veterans' employment and reemployment rights and benefits.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3393 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 3393
To amend title 38, United States Code, to improve veterans'
reemployment rights under chapter 43 of such title, to exempt claims
brought under that chapter from arbitration under chapter 1 of title 9
of such Code, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 3, 2007
Mr. Davis of Alabama (for himself, Mr. Walz of Minnesota, and Mr.
Altmire) introduced the following bill; which was referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to improve veterans'
reemployment rights under chapter 43 of such title, to exempt claims
brought under that chapter from arbitration under chapter 1 of title 9
of such Code, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reservist Access to Justice Act of
2007''.
SEC. 2. IMPROVEMENTS TO VETERANS' REEMPLOYMENT RIGHTS.
(a) Liquidated Damages.--
(1) State and private employers.--Section 4323(d)(1)(C) of
title 38, United States Code, is amended to read as follows:
``(C) If the court determines that the employer's failure
to comply with the provisions of this chapter was willful, the
court may require the employer to pay the person an amount
equal to the greater of--
``(i) the amount referred to in subparagraph (B) as
liquidated damages; or
``(ii) $20,000.''.
(2) Federal government employers.--Section 4324 of such
title is amended by adding at the end the following new
subsection:
``(e)(1) In any action under this section, the court may award
relief as follows:
``(A) The court may require the employer to comply with the
provisions of this chapter.
``(B) The court may require the employer to compensate the
person for any loss of wages or benefits suffered by reason of
such employer's failure to comply with the provisions of this
chapter.
``(C) If the court determines that the employer's failure
to comply with the provisions of this chapter was willful, the
court may require the employer to pay the person an amount
equal to the greater of--
``(i) the amount referred to in subparagraph (B) as
liquidated damages; or
``(ii) $20,000.
``(2)(A) Any compensation awarded under subparagraph (B) or (C) of
paragraph (1) shall be in addition to, and shall not diminish, any of
the other rights and benefits provided for under this chapter.
``(B) In the case of an action commenced in the name of the United
States for which the relief includes compensation awarded under
subparagraph (B) or (C) of paragraph (1), such compensation shall be
held in a special deposit account and shall be paid, on order of the
Attorney General, directly to the person. If the compensation is not
paid to the person because of inability to do so within a period of 3
years, the compensation shall be covered into the Treasury of the
United States as miscellaneous receipts.''.
(b) Injunctive Relief.--Section 4323(e) of such title is amended by
striking ``may'' and inserting ``shall''.
(c) Punitive Damages Authorized for Certain State and Private
Employers Who Violate Chapter 43 of Title 38, United States Code.--
Section 4323(d) of title 38, United States Code, is amended by adding
at the end the following new subparagraph:
``(D) In the case of an employer with 15 or more employees,
the court may require the employer to pay the person punitive
damages, if the court determines that the employer's failure to
comply with the provisions of this chapter was done with malice
or reckless indifference to the federally-protected rights of
the person.''.
(d) Clarification of Right of Action Under USERRA.--Section 4323 of
title 38, United States Code, is amended--
(1) in subsection (b), by striking paragraphs (2) and (3)
and inserting the following new paragraph (2):
``(2) In the case of an action against a State (as an
employer) or a private employer by a person, the action may be
brought in a district court of the United States or State court
of competent jurisdiction.'';
(2) by redesignating subsection (j) as subsection (k); and
(3) by inserting after subsection (i) the following new
subsection (j):
``(j)(1)(A) A State's receipt or use of Federal financial
assistance for any program or activity of a State shall constitute a
waiver of sovereign immunity, under the eleventh amendment to the
Constitution or otherwise, to a suit brought by an employee of that
program or activity under this chapter for the rights or benefits
authorized the employee by this chapter.
``(B) In this paragraph, the term `program or activity' has the
meaning given the term in section 309 of the Age Discrimination Act of
1975 (42 U.S.C. 6107).
``(2) An official of a State may be sued in the official capacity
of the official by any person covered by paragraph (1) who seeks
injunctive relief against a State (as an employer) under subsection
(e). In such a suit the court may award to the prevailing party those
costs authorized by section 722 of the Revised Statutes (42 U.S.C.
1988).''.
SEC. 3. EXEMPTION FROM CHAPTER 1 OF TITLE 9, UNITED STATES CODE, OF
CLAIMS BY MEMBERS OF THE UNIFORMED SERVICES FOR
EMPLOYMENT AND REEMPLOYMENT RIGHTS AND BENEFITS.
Section 4322 of title 38, United States Code, is amended by adding
at the end the following:
``(g) Chapter 1 of title 9 shall not apply with respect to
employment or reemployment rights or benefits claimed under this
subchapter.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to an
action commenced after the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Economic Opportunity.
Subcommittee Hearings Held.
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