Section 41 Judicial Remedies
| Library | Emp-Emp Law 2000 |
If a returning veteran is discriminated against because of military service, certain judicial remedies are available. Federal district courts have jurisdiction to require the employer to:
- Comply with the law
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- Compensate the person for lost wages and benefits caused by the employer’s failure to comply with VRR Law
- Pay liquidated (double) damages if the conduct is willful
38 U.S.C. § 4323(c). The court may also award reasonable attorney fees, expert witness fees, and other litigation expenses to a prevailing person who obtained private counsel. 38 U.S.C. § 4323(c)(1)(B). For private employers, venue rests in the district where the employer maintains a place of business. 38 U.S.C. § 4323(b).
A suit may be brought for back pay or...
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