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.
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
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.
(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--
(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--
`(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).'.
U.S. Congress - Text of H.R.3393 as Introduced in House Reservist Access to Justice Act of 2007
