Bill Summary
The Protecting the Employment Rights of Servicemembers Act aims to clarify the scope of procedural rights for members of the uniformed services with regards to their employment and reemployment rights. It amends title 38 of the United States Code to ensure that any procedural protections or provisions outlined in the chapter are considered rights and benefits that are protected. It also specifies that any agreements to arbitrate claims under this chapter are unenforceable unless all parties consent after a complaint has been filed and that consent cannot be considered voluntary if it is required for future or continued employment.
Possible Impacts
1. The bill may affect members of the uniformed services by providing them with more specific and clarified employment and reemployment rights. This could potentially lead to improved job security and protections for those who serve in the military.
2. The bill may also affect employers by requiring them to obtain consent from their employees before enforcing arbitration for any claims related to violations of this chapter. This could potentially lead to more fair and just resolutions for servicemembers in cases of employment-related disputes.
3. The bill may also affect the Merit Systems Protection Board, as it now plays a role in the arbitration process for claims related to this chapter. This could potentially change the workload and responsibilities of the board and its members.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8237 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8237
To amend title 38, United States Code, to clarify the scope of
procedural rights of members of the uniformed services with respect to
their employment and reemployment rights, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 14, 2020
Mr. Cicilline (for himself, Mr. Takano, Mr. Reschenthaler, Mr. Golden,
Mrs. Davis of California, Mr. Wilson of South Carolina, and Mr. Johnson
of Georgia) introduced the following bill; which was referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to clarify the scope of
procedural rights of members of the uniformed services with respect to
their employment and reemployment rights, 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 ``Protecting the Employment Rights of
Servicemembers Act''.
SEC. 2. CLARIFICATIONS REGARDING SCOPE OF EMPLOYMENT AND REEMPLOYMENT
RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES.
(a) Clarification Regarding Definition of Rights and Benefits.--
Section 4303(2) of title 38, United States Code, is amended--
(1) by inserting ``(A)'' before ``The term''; and
(2) by adding at the end the following new subparagraph:
``(B) Any procedural protections or provisions set forth in
this chapter shall also be considered a right or benefit
subject to the protection of this chapter.''.
(b) Clarification Regarding Relation to Other Law and Plans for
Agreements.--Section 4302 of such title is amended by adding at the end
the following:
``(c)(1) Pursuant to this section and the procedural rights
afforded by subchapter III of this chapter, any agreement to arbitrate
a claim under this chapter is unenforceable, unless all parties consent
to arbitration after a complaint on the specific claim has been filed
in court or with the Merit Systems Protection Board and all parties
knowingly and voluntarily consent to have that particular claim
subjected to arbitration.
``(2) For purposes of this subsection, consent shall not be
considered voluntary when a person is required to agree to arbitrate an
action, complaint, or claim alleging a violation of this chapter as a
condition of future or continued employment, advancement in employment,
or receipt of any right or benefit of employment.''.
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