Massachusetts Military Service (USERRA) laws & HR compliance analysis

Massachusetts Military Service (USERRA): What you need to know

Much like the federal government, which has enacted the Uniformed Services Employment and Reemployment Rights Act (USERRA), many states have enacted laws to protect the employment status of those who serve in the armed forces (38 USC 4301et seq.).
Remember that USERRA, a federal law, preempts any state law that is less protective of the employment and reemployment rights of uniformed service people.
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Massachusetts law prohibits employers from discharging or otherwise discriminating against employees because of application to, or membership or service in, the uniformed services. "Service in the uniformed services" means the performance of duty on a voluntary or involuntary basis in a uniformed service, including active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty, absences due to fitness examinations, and absences to perform funeral honors duty.
Also included are voluntary or involuntary service in the armed forces of the commonwealth, the state defense force or similar organization, the state staff, or in the armed forces of another state or territory. Violation of the nondiscrimination provisions can result in a fine, imprisonment, or both (MA Gen. Laws Ch. 33 Sec. 13).
Employers are prohibited from discriminating in employment against all members of the uniformed services, including those serving in the National Guard and reserves (MA Gen. Laws Ch. 151B Sec. 4).
The law prevents employers from discriminating against or denying initial employment, reemployment, retention, promotion, or any benefit of employment to a person because that person is a member of, or has an obligation to perform, service in a uniformed ...

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