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GAO-05-74R 1 (2004-10-06)

handle is hein.gao/gaocrptaqrm0001 and id is 1 raw text is: SGAO Accountability * Integrity Reliability United States Government Accountability Office Washington, DC 20548 October 6, 2004 The Honorable Edward M. Kennedy Ranking Minority Member Committee on Health, Education, Labor, and Pensions United States Senate Subject: U.S. Office of Special Counsel's Role in Enforcing Law to Protect Reemployment Rights of Veterans and Reservists in Federal Employment Dear Senator Kennedy: The U.S. Office of Special Counsel (OSC) enforces the rights of federal employees and applicants for federal employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994.' USERRA provides for the employment and reemployment rights of federal and nonfederal employees who leave their employment to perform military service. USERRA also prohibits discrimination against persons because of their military service. In light of the significant number of National Guard members and reservists serving in the war in Iraq and in other conflicts who will be demobilized and returning to the federal workforce in the coming months, you asked us to review issues surrounding enforcement of the act in the federal sector, particularly by OSC. Under USERRA, a federal employee or applicant who believes that his or her USERRA rights have been violated may file a claim with the Department of Labor's (DOL) Veterans' Employment and Training Service (VETS), which investigates and attempts to resolve the claim.2 If VETS cannot resolve the claim, the individual may request that it be referred to OSC. 3 In addition to handling USERRA claims, OSC handles claims of prohibited personnel practices by federal agencies. In a March 2004 report, we discussed OSC's performance in processing cases filed with the 'Pub. L. No. 103-353, 108 Stat. 3149, as amended, codified at 38 U.S.C. sections 4301-4333. 'VETS also handles claims from employees of other employers, including state government and private sector employers. If VETS cannot resolve these nonfederal claims, an individual may ask for a referral to the Department of Justice, which may prosecute the claim. 3According to VETS, in fiscal year 2003, the agency resolved about 94 percent of the claims submitted to it without the need for referral. The resolution of these claims includes agency voluntary compliance, settlement, no merit conclusions, and administrative closures. GAO-05-74R OSC's Enforcement of USERRA

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