Section 1 [Uniformed Services Employment and Reemployment Rights Act] allows an employee, former employee, or prospective employee of the state to sue the state in federal court if the state violates their rights under the federal Uniformed Services Employment and Reemployment Rights Act (“USERRA”), United States Code, title 38, sections 4301-4333. The state is waiving its immunity, under the 11th Amendment to the U.S. Constitution, from suit in federal court.
The federal USERRA law provides reemployment rights for and precludes discrimination against those who perform service in a uniformed service, including the Armed Forces and National Guard. State law has granted similar waivers of the state’s immunity for claims under several federal laws: the Age Discrimination in Employment Act, the Fair Labor Standards Act, the Family and Medical Leave Act and the Americans with Disabilities Act.
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