According to the U.S. Equal Employment Opportunity Commission (EEOC): 

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• An employer cannot deny employment, refuse to reemploy, fail to promote or fail to offer any benefit or privilege of employment because of an individuals service or intention to serve in the military.  

• Civilian employers must reemploy a military service member if that individual left the job because of service in the uniformed services, and the individual gave notice to the employer. 

• You are entitled to be reemployed in the same position you would have held if you had not left the workforce for military service. This means if you have a job as a senior editor at a magazine and must leave because you are called to the Air Force for two years, you are entitled to return to your job as a senior editor with the same pay, rights, and benefits.

• If you were disabled during your service, you have two years from completion of service to return to your former job.

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Discrimination in violation of USERRA can include: 

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• Failing to hire an applicant because of his/her military service

• Firing an employee because he/she is planning on leaving to serve in the military

• Denying an employee a promotion because he/she is in the uniformed services

• Harassing an employee because of his/her military service, for example, by derogatory terms 

• Discriminating in terms, conditions, or privileges of employment, such as providing lower salary or denying spousal health insurance.