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U.S. Code as of:
01/19/04
Section 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.
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